RISK AND OWNERSHIP OF THE GOODS
DESPATCH OF GOODS AND DELIVERY
COPYRIGHTS AND PATENTS
LIMITATION OF LIABILITY
DATA PROTECTION ACT AND CUSTOMER INFORMATION
Effective from: August 2011
Please read these general terms and conditions of sale ("the Conditions") carefully as they together with your order confirmation constitute the contract (the 'Contract') between Foremost Electronics Limited ("us"/"we"/"our") and you ("you"/"your"/"yourself") for the sale of the goods you purchase on, or as a result of you viewing our product range in either our catalogue or on www.ipjoysticks.com (the "Site").
By placing an order you confirm that you have read, understood and agree to these Conditions in their entirety. Please check that the details on your order are complete and accurate before you commit yourself to this Contract. Please ensure that you have read and understood these Conditions before you submit your order, because you will be bound by these Conditions once a contract comes into existence between us in accordance with Clause 1.3. If you do not agree with these Conditions, you must not place an order for any goods. In these Conditions, "Goods" means the goods which we supply to you in accordance with these Conditions.
We reserve the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods or changes in relevant laws and regulatory requirements. You will be subject to the Conditions in force at the time that you order the Goods from us. We shall use our reasonable endeavours to notify you of any changes to these Conditions.
1.1 You may place an order by:
1.1.1 Telephoning us on our order line, the details of which can be found on the 'Contact Us’‚ page on our Site. The order request will be processed within the same working day. Our current operating times are 8.30am to 5.30pm Monday to Friday.
1.1.2 Submitting an order request by fax via the fax number which can be found on the 'Contact Us' page on our Site. This order request will be processed on the same working day.
1.1.3 Posting your order request to our address Foremost Electronics Limited., 14 Bluegate Business Park, Great Bardfield, Essex, CM7 4PZ United Kingdom. This order request will be processed within one working day of the receipt of your mail order request.
1.1.4 Emailing your order request to us at email@example.com This order request will be processed within one working day following receipt of your e-mail.
1.1.5 Visiting our online store on our Site after logging into or creating your personal account and following the process for submitting an order as set out on our Site and clicking the appropriate confirmation button.
1.2 By placing an order request, you make us an offer to purchase the Goods you have selected in accordance with these Conditions. We may or may not accept your order request at our sole discretion.
1.3 These Conditions will become binding on you and us when we issue you with written confirmation of your order. The order confirmation is our notification to you that we have accepted your order request and that your payment has been authorised. If we cannot accept your order because, for example, the Goods you have selected are not available or because your payment has not been authorised we will attempt to contact you by e-mail or telephone in order to resolve any outstanding issues.
1.4 Whilst we make every effort to supply you with the Goods listed on the order confirmation, there may be occasions where we are unable to supply these Goods because, for example (i) such Goods are no longer being manufactured or available; or (ii) we are unable to source relevant components; or (iii) if there was a pricing error on the Site. In such circumstances we will contact you to inform you of any issues preventing us from confirming your order request and may suggest alternative Goods that you might wish to purchase. If you do not wish to accept our suggestions then we will cancel your order in relation to those Goods we cannot supply and repay you any money that you may have paid to us in respect of those Goods as soon as reasonably possible. Repayment of such monies will be the extent of our liability.
1.5 Where an order is made by telephone, we do not require written confirmation of such an order. If you do send written confirmation of an order please ensure that the order is clearly endorsed "confirmation". Failure to so endorse the confirmation will result in the order being duplicated. You will then be responsible for settlement of the duplicated order in full. If the duplicated order is not required it will be subject to Clause 7 (Returns) below.
2.1 The price of the Goods will be as set out in the order confirmation we provide to you. While we make every endeavour to maintain our prices at their present low level we reserve the right to change our prices without prior notice (including, in particular, in the event of exchange rate variations). Price changes will not affect any orders that we have already confirmed to you in writing. Prices for Goods are in £ sterling, exclusive of VAT unless otherwise stated, we also accept payments made in Euro or US Dollars (where stated). Where Goods are to be made in instalments ('scheduled delivery') the price payable for them will be the price that is applicable at the time of the despatch of the first batch of the Goods, but, where scheduled delivery may continue for a period of 90 days or more, we reserve the right to charge you further amounts if the price of the Goods increases before the end of that period. We shall use all reasonable endeavours to inform you of any price increases.
2.2 All prices are exclusive of VAT unless otherwise indicated. VAT is payable by you at the applicable rate. If you make a purchase from outside of the EU you will not be eligible for the payment of VAT but may be subject to an analogous sales tax under the laws of the country from which you make your purchase.
2.3 Delivery costs are not included in the prices quoted for the Goods but are quoted for separately prior to us confirming your order request.
2.4 If there is a pricing error on our Site or in our catalogue, we are under no obligation to provide the Goods to you at the incorrect price (even if we have sent you an order confirmation). However we will endeavour to contact you to inform you of the pricing error so that you can confirm whether you wish to proceed with your order. If you do not wish to proceed, we will cancel your order and return any prepaid monies to you as soon as reasonably practicable.
2.5 Payment for all Goods must be by credit or debit card or any alternative method of payment which may be displayed on the Site. Please refer to Clause 3.2 regarding our facilities for payment on account.
3.1 When you purchase Goods on the Site, payment in full must be made at the time of completing the online ordering process. Any items on back order at the time of placing your order will be charged for at that time, except if paying on account pursuant to Clause 2.5 above. Where we receive order requests by post, facsimile or e-mail then we shall, at our sole discretion, and subject to satisfactory references (where deemed appropriate by us), invoice you for the Goods on or soon after despatch. In this case, payment is due at the end of the month after the month stated in the date of the invoice (the "Due Date").
3.2 Time for payment is of the essence of this Contract. If you fail to make any payment on the Due Date we have the right (without limiting other remedies or rights we may have at law or otherwise) to cancel the order and/or suspend any further deliveries and charge interest on all outstanding balances calculated on a daily basis at the rate of 4% per annum above the current base lending rate of the Bank of England. This interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
3.3 If you dispute any payment owing to us in good faith and let us know promptly after you have received the invoice that you dispute it, then Clause 3.3 shall not apply for the period of the dispute.
3.4 If any undisputed sum of money is due from you, the same may be deducted from any sum then due or which at any time becomes due to you under this or any other agreement between us and you.
3.5 Single invoices are rendered; an administration charge will be made for any additional copies requested.
4. RISK AND OWNERSHIP OF THE GOODS
4.1 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when you have paid cash or cleared funds in payment of all sums owing to us in respect of the Goods.
4.2 For Business Customers (as the term is defined below), risk of damage or loss of the Goods shall pass to Business Customers on delivery of the Goods to the carrier.
4.3 Clauses 4.4 to 4.6 inclusive shall apply only to those customers who buy Goods in the course of business and not as a consumer ('Business Customers').
4.4 Until payment is made in full you must store the Goods in such a way that they are kept safe and secure and are clearly marked as our property. You must not remove, deface or obscure any identifying mark or packaging on or relating to the Goods.
4.5 Until ownership has passed to you we retain full legal and beneficial title to the Goods and reserve the right at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith upon our request, to enter upon any of your premises or of any third party where the Goods are stored and repossess the Goods.
4.6 Nevertheless you shall be entitled to sell the Goods either in their original state or incorporated into other products acting as our agents but in these circumstances the title to the Goods shall remain with us, and you shall remain fully accountable to us for the proceeds of the sale of those Goods.
5. DESPATCH OF GOODS AND DELIVERY
5.1 We shall despatch your Goods by carrier to UK based customers (for Export see Clause 6). Goods are normally despatched on day of receipt of order. Delivery, unless otherwise shown, is charged at £8.50 + Vat up to 10kg
5.2 Specialist carrier delivery normally ensures next day delivery of the Goods excluding Bank Holidays if the order is placed before 8pm Monday to Friday.
5.3 The charges for our delivery:
|Weight (KG)||UK ( £)||N Ireland ( £)||Europe ( £)||R.O.W ( £)|
5.4 Saturday deliveries can be arranged on request. Prices for such deliveries shall be quoted by us at the time we accept your order.
5.5 Time for delivery shall not be of the essence.
5.6 We shall be under no liability whatsoever for any delay in delivery or a failure to deliver or the consequence resulting from such delay or failure that is caused by an event outside our control in accordance with Clause 14.5 or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.7 If you fail to take delivery of your order on the agreed date, then we will store the Goods until delivery takes place and may charge you a reasonable sum to cover any redelivery expenses incurred by us.
5.8 In the rare event that we are prevented or fail to deliver the Goods, our liability (and your sole and exclusive remedy) for such non-delivery will be limited to us replacing the Goods within a reasonable time or refunding the price paid by you in respect of such Goods.
5.9 Notwithstanding Clause 7.1, it is your responsibility to check that the Goods delivered are in full working order before they are included in any other product or part or are sold onto a third party. We make no warranty or representation that the Goods are made for any particular purpose and are under no liability whatsoever if the Goods purchased by you do not fit the purposes for which you purchased them for.
5.10 Each delivery of the Goods shall be accompanied by a delivery note detailing the order specification.
6.1 Freight and insurance is charged extra at cost. Please contact our Export department for a quotation. Sterling payments may be made by Banker’s Draft or Telegraphic Transfer direct to our bank, FOREMOST ELECTRONICS LTD, A/C 00047006, SORT CODE : 30-15-99,
SWIFT CODE : LLOYDGB21021, IBAN: GB02LOYD30159900047006
6.2 US Dollar payments should be made to A/C 82965488, SORT CODE 20-97-40
IBAN: GB38 BARC 2097 4082 9654 88, SWIFTBIC: BARCGB22
6.3 Euro Payments should be made to. A/C 77329077, SORT CODE 20-97-40
IBAN: GB29 BARC 2097 4077 3290 77, SWIFTBIC: BARCGB22
6.4 You are responsible at your own expense for obtaining any import or export licence or any other documentation deemed necessary by any competent authority.
7.1 If there are shortages or damages to the Goods you receive which have occurred whilst in transit, or there is any other error with your order (such as you have received the wrong product), you must notify us within 21 days of receipt of your delivery (the 'Inspection Period'), giving us full details of any such shortages, damages or errors with the Goods or your order. You must promptly return any damaged Goods or Goods received in error to us together with all packaging. We will reimburse you for the postage costs incurred in returning such Goods. Where we accept that there has been damage in transit, a shortage or an error in the Goods despatched, we shall make up any shortfall, error or damage to your order free of charge as soon as reasonably possible. After the Inspection Period has expired, you will be deemed to have accepted the Goods and any attempt to return the Goods after this time pursuant to this Clause 7.1 will be rejected by us.
7.2 If during the Inspection Period, the Goods are found to be defective, you must inform us within the Inspection Period of such defect. We will arrange for collection of such Goods or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will in consultation with you:
Replace the Goods; or
Repair the Goods; or
Provide you with a full refund for those defective Goods.
7.3 The remedies set out in this Clause 7 are your sole and exclusive remedies against us in respect of any claims arising out of, or in connection with this Clause 7.4 Any claims that the Goods are defective after the Inspection Period has expired will be dealt with in accordance with Clause 10 (Guarantee).
7.4 All Goods should be returned to Foremost Electronics Ltd
7.5 In all cases where the Goods are returned, they must be returned in their original packaging and you must quote the delivery note number.
8. ORDER CANCELLATION
8.1 If you purchase Goods from us via our catalogue or on the Site and you are a UK/EU consumer, you are able to cancel your order with us for any reason or no reason at all within seven (7) days following receipt of your Goods by providing us with notice. Your rights of cancellation will not apply where you have (i) purchased software from us which is sealed and unused and the seal to that software has now been broken; or (ii) you have used or have successfully downloaded the content of that software; or (iii) the Goods have been customised for you by us at your request. Your rights of cancellation are in addition to your other rights of cancellation set out in these Conditions. Goods should be returned to us as soon as reasonably practicable but in no event later than seven (7) days after your notification to us that you wish to cancel your order. Goods should be returned to us undamaged and in their original packaging. Any Goods that are returned pursuant this Clause 8.1 may be subject to a 20% handling charge with a minimum charge of £2.00.
8.2 If you purchase Goods from us acting in the course of business the above rights of cancellation do not apply to you. In this event and subject to your other rights of cancellation set out in these Conditions, cancellation of your order or the return of any Goods (which are not subject to Clauses 7.1 and 7.2 above) may only be accepted after prior agreement with us. On no account can cancellation be accepted for items ordered specially by us on your behalf.
9. COPYRIGHTS AND PATENTS
9.1 Products offered in our catalogue or on the Site may be the subject of patents, copyright, design, trade mark or other intellectual property rights. We make no representation or warranty as to whether your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such intellectual property rights. Without limiting the generality of this statement, we do not grant nor purport to grant to you any licence, permission or authority in respect of such rights and you acknowledge and agree to satisfy yourself in respect of such matters. We accept no liability for infringement of any such rights.
9.2 Reproduction in part or whole of our catalogue or the Site without our prior written consent is strictly prohibited.
10.1 Unless otherwise specified and subject to Clauses 10.2 and 10.3, we warrant that the Goods will be free from material defects in design, materials or workmanship for a period of twelve (12) months from the date of despatch of the Goods (the "Guarantee Period").
10.2 The guarantee in Clause 10.1 is given provided that:
10.3 we are promptly notified in writing upon discovery by you that the Goods are defective due to faulty materials or workmanship;
10.4 any defects in the Goods are found within the Guarantee Period and are returned to us suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) together with details of the nature of the defect; and
10.5 examination by us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in Clause 10.3.2 below.
10.6 We are not liable under this guarantee:
10.7 if the total price for the Goods has not been paid by the Due Date; or
10.8 for any defect arising from:
10.9 fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without our approval;
10.10 any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
10.11 any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
10.12 any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer’s instructions.
10.13 The guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with your order for the Goods.
10.14 Software programs are supplied by us on the strict understanding that the licensor/supplier of the software does not guarantee the contents of the software to be free from errors, bugs or omissions.
10.15 Our liability under the guarantee detailed in this Clause 10 shall be limited to replacing, repairing or issuing credits at our option for any Goods returned within the Guarantee Period.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Conditions shall limit our liability in respect of:
11.1.1 death or personal injury caused by our own negligence.
11.1.2 breach of our obligations under section 12 of the Sale of Goods Act 1979;
11.1.3 defective products under the Consumer Protection Act 1987;
11.1.4 fraud or fraudulent misrepresentation; or
11.1.5 for any other liability which cannot be excluded or limited by law.
11.2 Subject to Clause 11.1, under no circumstances shall the total aggregate liability of us (howsoever arising) to you under or in relation to this Contract, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise exceed the price paid by you for the Goods.
11.3 Under no circumstances shall we be liable to you for any of the following types of loss arising under or in relation to these Conditions (whether arising from breach of contract, misrepresentation (whether tortuous or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise, any loss of profits, business, contracts, anticipated savings, goodwill or revenue, any wasted expenditure, or any loss or corruption of data, property or equipment (regardless of whether any of these types of loss or damage are direct, indirect or consequential) or any indirect or consequential loss or damage whatsoever even if we were aware of the possibility that such loss or damage might be incurred by you.
11.4 Subject to Clause 11.1 below and as otherwise expressly provided in these Conditions, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular we make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that you have relied upon your own skill and judgement in selecting the Goods.
12. COMMERCIAL TOLERANCES
12.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
13. DATA PROTECTION ACT AND CUSTOMER INFORMATION
13.1 Foremost Electronics Limited is registered as a data controller under the Data Protection Act 1998. Information provided to us will be used to manage your account and for credit and security checks.
13.2 Foremost Electronics Limited may disclose your details to organisations working on behalf of us anywhere in the world (for example credit reference agencies and mailing houses) for the purpose of proper fulfilment of orders and Foremost Electronics obligations under these terms and conditions of sale.
13.3 Foremost Electronics Limited may send you details of other products and services offered by us that may interest you. If you do not want to receive details of these offers then you should contact the sales department on 01371 811171.
14.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated in the catalogue, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability. The information contained in the catalogue and on the Site is correct to the best of our knowledge at the time of going to press. All images are used for illustration purposes only.
14.2 Nothing in these Conditions affects the statutory rights of a consumer under (including but not limited to) the Consumer Protection (Distance Selling) Regulations 2000 or the Sale of Goods Act 1979 as amended from time to time.
14.3 On receipt, all products are inspected. Foremost Electronics Ltd operates a Quality Management System to BS EN ISO 9001:2008. Quality assured products will be marked with a CE in the Order Code index.
14.4 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.5 We shall not be liable to you for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
14.6 These Conditions including the Order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to these Conditions except in respect of any fraudulent misrepresentation made by either party.
14.7 We reserve the right to randomly monitor and record inbound and outbound calls.
14.8 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.
14.9 While every effort is made to ensure health & safety information is available, we may be limited to the extent of information we can supply with the Goods depending on what is available from our suppliers. If you require further information on any health & safety information regarding the Goods then please contact us.
14.10 These Conditions shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute (including non-contractual disputes or claims) arising out of or in connection with it.
14.11 Offensive Weapons Act 1996 - where the law requires a minimum age for the purchase of certain goods, the customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
14.12 Any party who is not a party to these Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.13 All notices sent by you must be sent to Foremost Electronics Limited. 14 Bluegate Business Park, Great Bardfield, Essex, CM7 4PZ United Kingdom. Notice must be in writing and shall be deemed received and properly served 24 hours after an e-mail is sent or three days after the day of posting of any letter. In proving the service of a notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
14.14 All headings in these Conditions are for ease of use and shall not affect the construction of any contract between the parties.
14.15 Any advice or recommendation given to a Business Customer as to the storage, application or use of the Goods is followed or acted upon entirely at a Business Customer's own risk.
Privacy and Security Policy
The Data Protection Act 1998 regulates the processing of information relating to you and grants you various rights in relation to your personal data.
Foremost Electronics Ltd is committed to ensuring that your privacy is protected and that it complies its obligations under the Data Protection Act 1998.
The Statement explains how we will treat any personal information that you provide to us when you use this site. It also outlines some of the security measures that we take in order to protect your privacy and gives certain assurances on things we will not do.
The information we collect and how we use it
When you register on our web site at www.ipjoysticks.com, we collect information about your organisation such as company name and address, areas that interest the company as well as personal information from you, such as your name, job title, e-mail address and business phone number.
We gather this information to allow us to process your registration and to send you promotional material and catalogues where requested, as well as using it to develop and improve our services.
We may use aggregated information for the purposes of tracking the usage of our services and in order to help us develop and improve the website and such services. We may pass this information to third parties. The aggregated information and statistics will not, however, include details that can be used to identify you.
We (directly or through our trusted affiliates) would also like to provide you, from time to time, with information by e-mail about other Foremost Electronics Ltd services and products, which we think may be of interest to you. You can elect not to receive this information by changing your privacy settings in the My Account area of the website.
Any personal data saved is held safely on our servers with security systems preventing unauthorised access and we always aim to ensure that it is treated confidentially.
Foremost does not accept credit card numbers in email messages. Never under any circumstances include your credit card number or CCV security code in an email. If our servers detect a message of this nature, it will not be delivered.