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.
Note: On 25 January 2017, these terms were updated to include new provisions around the protection of our intellectual property rights and the way that you are permitted to use our Products. For further details about how these changes may affect you, please take time to read the new clause 13.
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 218D, 1 Swan Road, Westminster Industrial Estate, London, SE18 5TT.
1.2 - Contacting us to cancel the contract if you are a consumer:
1.2.1 - To cancel a Contract in accordance with your legal right to do so as set out in clause 6, 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 website. A link to the cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
1.2.2 - If you wish to contact us to cancel the contract, or for any other reason including because you have any complaints, you can also e-mail us at [email protected] or contact our Customer Services team by telephone on 020 7971 7871 or by post to our trading address. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.3 - If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.2.4 - If you would like to request a refund, exchange or replacement Product(s), our refund policy can be found on our site at http://www.industville.co.uk/pages/refund-policy.
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 protected] 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. Please take the time to read and check your order at each page of the order process.
4.2 - 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.
4.3 - 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.
4.4 - 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 28 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 28 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:
6.6.1 - refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. 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 must pay us an appropriate amount;
6.6.2 - refund any delivery costs you have paid; and
6.6.3 - make any refunds due to you as soon as possible and in any event within 28 days after the day on which we receive the Product back from you, or after you inform us of your decision to cancel the Contract.
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:
6.9.1 - you must return it to us in its original packaging without undue delay and in any event not later than 28 days after the day on which you let us know that you wish to cancel the Contract; and
6.9.2 - unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us. If we offer to collect the Product from you, we will charge you the direct cost to us of collection.
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 28 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
6.11 Discount Codes and Refunds: From time to time, we may offer promotions that require you as the customer to spend a certain value ‘qualifying spend’ on an order, to qualify for a percentage discount on the total order value.
If you later decide to return your items from that order (in line with our standard return terms and conditions), we reserve the right to recalculate the gross total of the order before the discount and remove any returned items and reassess if the purchase still meets the ‘qualifying spend’ criteria for that promotion. If the entire purchase no longer meets the ‘qualifying spend’ criteria, then we reserve the right to deduct from the refund the full value of the discount offered on the entire original order. Alternatively, at our discretion, we may offer a credit in the value of the discounted return item that can be used against a future purchase.
Please note that you will be responsible for paying for your own delivery costs when returning unwanted items if you choose to return the items via your own courier. If you choose a Swap or Collection service, we will charge a £9 administration fee to cover these options.
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:
7.4.1 - we have refused to deliver the Products;
7.4.2 - delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3 - you told us before we accepted your order that delivery within the delivery deadline was essential.
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
8.1 - We deliver worldwide, but if you order Products from our site for delivery to an international delivery destination outside EU, 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.
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 - Standard delivery to UK addresses is currently free of charge. 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.
10. Our liability if you are a business
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:
10.2.1 - death or personal injury caused by our negligence;
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 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:
10.3.1 - any loss of profits, sales, business, or revenue;
10.3.2 - loss or corruption of data, information or software;
10.3.3 - loss of business opportunity;
10.3.4 - loss of anticipated savings;
10.3.5 - loss of goodwill; or
10.3.6 - any indirect or consequential loss.
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.
10.5 - Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings 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. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11. Our liability if you are a consumer
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:
11.3.1 - death or personal injury caused by our negligence;
11.3.2 - fraud or fraudulent misrepresentation;
11.3.3 - any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 - 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); and
11.3.5 - defective products under the Consumer Protection Act 1987.
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
12.3.2 - 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.
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. Intellectual Property
13.1 - We define Intellectual Property as meaning any and all intellectual property rights of any nature including but not limited to patents, rights to inventions, trademarks, registered designs, utility models, domain names, applications for and rights to apply for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, unregistered design rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), rights to prevent passing off or unfair competition, database rights, topography rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
13.2 - We define Our Intellectual Property as all Intellectual Property owned by us and our licensors, including, but not limited to, all unregistered and registered design rights, copyright in all of our instruction manuals, photographs, videos, catalogues, software, promotional material and website content created by or on behalf of us, our trademarks and our domain names.
13.3 - Our Intellectual Property shall at all times remain the property of Industville Ltd and our licensors, as the case may be, and except to the extent expressly stated on these Terms, you will obtain no licence, rights, title or interest in or in relation to Our Intellectual Property.
13.4 - You shall not, without our express prior written consent (which we can withhold or give subject to conditions):
13.4.1 - use any of our trade marks, except, as is strictly necessary to offer our Products for sale, or use any trade mark which is similar to ours;
13.4.2 - reproduce in any manner or form (including, but not limited to, on any website) the subject matter of any of Our Intellectual Property (in whole or in part), including but not limited to trade marks, photographs and text;
13.4.3 - sell or offer for sale any product (other than a Product) bearing a design which is a reproduction of or substantially similar to any Industville design;
13.4.4 - sell or offer for sale any Product on your website(s) or any third party website(s) (such as Amazon or eBay) unless:
(i) you are making it clear on such website that the Product is an Industville product; or
(ii) you are listing the Product on such website under our trade mark for that product;
13.4.5 - use on your website(s) or any third party website(s) any of our locating product identifiers or Global Trade Item Numbers (GTINs) such as, but not limited to, an EAN, ISBN, UPC or GTIN-14 (for the avoidance of doubt, you are permitted to use your own product numbers provided that these are not the same as or similar to our product numbers);
13.4.6 - purchase or use any internet keyword (including but not limited to a Google AdWord) or use any website or metatag which is identical or similar to any of our trade marks, or cause this to be done; and
13.4.7 - register or use any domain name or website URL which is the same as or similar to ours or an element of which is identical or similar to any Industville trade mark, or cause this to be done.
13.5 - If you breach clause 4:
13.5.1 - such breach shall, without limitation, constitute a material breach of these terms and conditions; and
13.5.2 - without limitation to our other rights, you shall immediately take such steps as we may require to remedy such breach.
13.6 - With effect from us withdrawing or terminating any consent or agreement which we have given or granted under these Terms or otherwise, you agree that you shall immediately cease all activity for which such consent or agreement was given and take such steps as we may require to ensure that such activity does not continue.
13.7 - The steps referred to in Clauses 5 and 13.6 may include, but not be limited to, the removal of any trade mark or content (including but not limited to photographs and text) from your website, destruction or removal of point-of-sale or promotional material, cessation of use of any keyword or metatag, and the transfer to us of any domain name (provided that the same gave rise to a breach of these Terms or was the subject of any consent or agreement withdrawn or terminated by us).
13.8 - You agree that you will not, without our written consent, make any modification to the Products or their packaging, including but not limited to allowing any of our trade marks or other words, notices or marks applied to the Products to be obliterated, obscured or omitted nor add any additional marks or words.
14. Communications between us
14.1 - When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 - If you are a consumer you may contact us as described in clause 2.
14.3 - If you are a business:
14.3.1 - A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
14.3.2 - 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.
14.3.3 - The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 - 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.
15.2 - You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 - This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 - 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.
15.5 - 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.
15.6 - 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.
15.7 - 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.
15.8 - 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 15.9 to 15.11 only apply if you are a business customer
15.9 - You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
15.10 - 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.
15.11 - 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).
16.1 - In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
16.2 - Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Schedule 1 - CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Industville Ltd, 218D, 1 Swan Road, Westminster Industrial Estate, London, SE18 5TT
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.