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Terms and Conditions for Use and Sales (Last updated 09Apr2009)

 

Pearce & Robinson LTD / www.transactor.co.uk

 

We believe in plain English, please let us know using the Contact Us page on this website if you do not understand anything in this document.

 

1. Our website

Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 You are responsible for maintaining your username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

3. Privacy

Pearce & Robinson LTD takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998 (Reg# Z1716836). For further details please see our Privacy Policy

4. Product Pricing and Title

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the electronic shipment of that order and any related items.

4.2 We reserve the right to alter all product pricing without notice.

4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have emailed you to confirm the electronic dispatch of your order.

5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Cancellation Rights and Refunds

6.1 No right of cancellation exists under The Consumer Protection (Distance Selling) Regulations 2000 for downloaded goods, electronic or “softcopy” goods to which you, the customer has instant access to or use of.

6.2 Refunds will be given for any goods where they are found by us to be defective.

6.3 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

6.4 Where any goods are found to be defective we will offer a replacement item or issue a full refund at our discretion. Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

7. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

8. Events outside our control

Pearce & Robinson LTD, shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

9. Licence

9.1 Pearce & Robinson LTD, grants you a licence to access the content, information and services contained within our website for personal use only.

9.2 This licence allows you to download and cache (using your browser) individual pages from our website.

9.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

9.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

9.5 Our website cannot be placed within the frame-set of another site.

9.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

9.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

10 Copyright

10.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Pearce & Robinson LTD, unless expressly acknowledged as otherwise.

10.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

11. Reasonably Foreseeable Losses

11.1 Pearce & Robinson LTD will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.

11.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

11.3 Pearce & Robinson LTD does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

12. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

13. Waiver

Failure by Pearce & Robinson LTD to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

14. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and Pearce & Robinson LTD. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.

15. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Your statutory rights are unaffected.


Pearce & Robinson LTD

17 High Street, Battle, East Sussex

TN33 0AE

t. 01424 777877

www.transactor.co.uk


 

Registered in England & Wales 4153911 • VAT Reg GB 725 0045 72

 

(c) www.compactlaw.co.uk / all rights reserved