TERMS & CONDITIONS
As a user of the Equisafety web site you acknowledge that any use of this Site including any transactions you make is subject to our terms and conditions below.
Read through these terms and conditions carefully before using this Site.
The Site is operated by EQUISAFETY Limited. We are registered in England under company registration number 07176791 with our registered office at 19a Tarran Way West, Tarran Way Industrial Estate, Moreton, Wirral, CH46 4TT, England.
Our VAT number is 789 9147 50
1.0 - GENERAL
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the terms and conditions on each occasion you use the Site and your continued use of the Site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation.
The prices displayed on the site are quoted in GB pounds and are intended to be valid and effective only in the United Kingdom. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
1.3Information that you provide on this Site must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us. for more information and full contact details).
1.4 By placing an order through the Site, you warrant that:
- a) You are legally capable of entering into binding contracts;
- b) You are at least 16 years old;
- c) The purchase is for personal use and you do not intend to resell any product.
2.0 - ORDER PROCESS
2:1 Please see the Delivery and Returns, for information on how to place an order. All orders that you place on the Site will be subject to acceptance in accordance with these terms and conditions.
2:3 Fully address and telephone number is required, if a note “to leave in Porch” for example is added to the address details, we can not be held responsible if the parcel goes missing once it has been left by our courier service.
3.0 - DELIVERY
3.1 Delivery charges and estimated timescales are specified in Delivery and Returns and also when you place an order. Your product(s) should be received by you within 3 days of ordering as we normally process the order within 24hours of you ordering it. If there are unforeseen factors beyond our reasonable control (such as items being out of stock), you will be contacted and if you wish to wait for your goods will we put you on a “back order” list, or we can fully refund you.
During special offer periods, such as CHRISTMAS FREE P&P, items will be sent out within 48 hours. Orders placed over a weekend or Bank Holiday will be picked and packed on the first day back and again sent out within 48 hours.
3.2 We make every effort to deliver the Products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. EQUISAFETY shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
3.3 Risk of loss and damage to the Products passes to you on the date when the Products are delivered. Title to any Products you order on the Site shall pass to you on delivery of the Products provided that we have processed and received payment in full for those Products.
3.4 If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. For International orders please give delivery time up two weeks.
3.5 Deliveries to the Outer Hebrides and the Highlands of Scotland may take a longer time being delivered, once the parcel has left the Equisafety warehouse it is out of our control and we hold No responsibility in its delivery time, how we will of course try to find out where the parcel is and what is happening, if the delivery time is unacceptable.
4.0 - PAYMENT
4.1 We take payment from your card immediately after you have ordered the item. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products if you do not wish to be put on “back order”
4.2 The price you pay is the price displayed on this Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable.
4.3 Payment can be made on the web site by debit, credit card or using paypal. Bank transfer or Cheque is only available if you call the office, but if paying by cheque we will send the goods out 7 days after cashing the cheque. . If you come into the office we also accept cash. For information about secure online ordering see Secure online shopping.
4.5 All prices are shown in £s Sterling and include VAT (where applicable) but exclude delivery charges
4.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
4.7 We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact us on email@example.com
4.8 It is a crime to use a false name or a known invalid credit card to place an order. Anyone caught willfully entering an erroneous or fictitious order will have their details passed onto the Police.
5.0 - RETURNS, CANCELLATIONS AND SUBSTITUTIONS
5.1 Under the Consumer Rights Act (2015) we are obliged to offer customers the right to return an order if we are notified within 14 days from the date of purchase, that this is required. The customer will then need to return the items within a further 14 days of said cancellation. All items returned MUST be in a re-sellable condition, i.e. clean and unused/unworn, be in the original packaging including swing tickets if applicable, and if an item has a battery pack, must still have the protective tag insitu.
5.1 a If you purchase an item from us via our stand at a show and, once you get it home and realise that you wish to return it, you have 7 days in which to notify us, via firstname.lastname@example.org, of your wish to cancel the purchase. In your email you will need to tell us what show, and what day and if purchased via credit/debit card the authorisation code on your receipt. You will then be advised on where to send the product. Please send by second class and obtain proof of postage.
5.1b We only accept returns that have been bought from us via our own web site. If you have purchased an item through a different supplier, then the sales contract is with them and therefore all returns must be sent to them. This also applies to goods purchased via online retailers on ebay.
5.1c NOTE: Any item(s) purchased from our online Sale Section and which are stated as No Refund/Return are exempt from our Terms and Conditions.
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. If in doubt please contact us on email@example.com before placing your order.
5.2 a Under the Consumer Rights Act (which replaced the Sales of Goods Act in October 2015) you have a statutory right to return something and get your money back if it is faulty. But you are only entitled to an automatic exchange if you notify us, and return it within 30 days otherwise you must give us (the retailer) a chance to make a repair. We also reserve the right to examine the item before agreeing it is faulty. We will send it back to you if we are able to repair it free of charge and repay the postage, if it is under £6.00.
5.3 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below). The refund will not include the postage incurred, or if the consumer benefited from free postage, the company reserves the right to deduct the cost incurred by the company for the postage. Orders over £100 are normally sent out by Fedex and cost the company £11.30. We do not however charge a re-stocking fee.
5.4 To cancel a Contract, you must inform us by the email address you used to buy the products, with the order number. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 If an item is sent back due to being faulty, we will refund up to £6. Equisafety will not be obliged to reimburse the additional costs if the customer has expressly chosen a more expensive mode of delivery than the proposed standard delivery mode. The item will be assessed and if deemed faulty, postage will be refunded, but only up to £6. A replacement or refund will be offered. If we do not deem the item to be faulty or if it not in a perfect re-saleable condition it will be returned to you at the cost of the customer.
5.6 For any exchanges/replacements/refunds a valid proof of purchase must be given before any action is taken. This also includes refunds of postage. A valid proof of postage receipt must be obtained.
6.0 - INTELLECTUAL PROPERTY
6.1 You acknowledge and agree that all copyright, trademarks, photography and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. If you are not a registered EQUISAFETY trader. We reserve the right to ask any trader to stop using our photography at any time. Even if permission was granted. We reserve the right to change our mind without any prior knowledge, the trade must immediately take off the photo in question. All designs, copyrights and trademarks are protected and any person or company coping them will be immediately dealt with.
7.0 OUR REFUNDS POLICY
7.1 When you return a Product to us:
- a) because you have cancelled the Contract between us within the seven-day cooling-off period. We will process the refund due to you as soon as possible and, in any case, within thirty days from the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
- b) if you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time, if we agree it is faulty. We will usually process the refund due to you as soon as possible and, in any case, within thirty days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. You may also request a replacement (subject to availability) or a repair of the Product (where possible).
- c) We only accept returns that have been bought from us at shows or via our web site. If you have purchased an item through a different supplier, then the sales contract is with them and therefore all returns must be sent to them. We cannot deal with this.
- d) We WILL ONLY ACCEPT CLEAN (UNUSED) ITEMS, we WILL NOT accept soiled, used, dirty items due to health and safety laws. Any items returned to us in an unhygenic condition will be sent back to the sender once payment of postage is received. A minimum postage will be £4.99
- e) If any items are sent back we will only refund if we agree it is faulty. We will only pay what a second class signed postage would cost.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. However we reserve the right to sometimes refund by cheque. If you are requiring a return from an International order, we offer up to 3 weeks from date of delivery, Please contact the office as soon as possible (by email with order number) that you wish to return the goods. Once returned and checked, you will be offered a replacement or a refund, if you would like a replacement you will be charged postage
8.1 Subject to Clause 8.3 above, we will use reasonable endeavours to verify the accuracy of any information on the Site but makes no representation or warranty regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site is free of viruses or bugs and EQUISAFETY accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site. We will not be held liable for any accidents or deaths.
8.2 This clause sets out our entire financial liability to you in respect of:
- a) any breach of contract; and
- b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our Contract.
8.3 Nothing in this agreement shall limit or exclude our liability for:
- a) death or personal injury resulting from negligence; or
- b) fraud or fraudulent misrepresentation; or
- c) any other liability which may not be lawfully excluded.
8.4 Without prejudice to clause 8.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
- a) loss of profit; or
- b) loss of goodwill; or
- c) loss of business; or
- d) special, indirect or consequential damage, suffered by you that arises under or in connection with this Contract.
8.5 Subject to clause 8.3 EQUISAFETY's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) you purchased.
8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
9.0 MISCELLANEOUS PROVISIONS
9.1 The Contract between us shall be governed by the laws of England and any dispute between us will be resolved non-exclusively in the courts of England.
9.2 We have selected our Products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.
9.3 EQUISAFETY shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.4 To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
9.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless agreed upon beforehand in writing by EQUISAFETY. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
9.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
9.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) to them.
9.8 No delay or failure by EQUISAFETY to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of EQUISAFETY.
9.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and EQUISAFETY relating to the use of the Site (including the order of Products) and sets forth the entire agreement and understanding between you and EQUISAFETY for your use of the Site.
9.10 When using the 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 the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all 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 statutory rights.
9.11 All notices given by you to us must be given to EQUISAFETY Limited, 19a Tarran Way West, Tarran Way Industrial Estate, Moreton, Wirral, CH46 4TT, England. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9.10 above. Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
9.12 If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.