TERMS AND CONDITIONS
1.GENERAL
The following are the terms and conditions dealing with use of our website and services and by registering with us and/or by making a purchase you are agreeing to be bound by them. We may change these from time to time by updating this page.
1.1 Orders: Submitting an order through the website will be deemed as a contract to purchase the goods. Tek Maintenance t/a Direct Lockers is entitled to withdraw from any contract in a case of errors or inaccuracy regarding the goods or the order appearing on the site.
1.2 Availability: In the unlikely event that the goods are unavailable, Tek Maintenance t/a Direct Lockers will dispatch the order (or remainder of the order) within 10 days or offer a full refund for undelivered goods.
2. ESTIMATES AND QUOTATIONS
2.1 A quotation by the Company does not constitute an offer by the Company to supply the goods stated therein and no order placed in response to the Company’s quotation will be binding unless accepted by the Company in writing. The Company reserves the right to change the design or specification of the goods without prior notice and without liability to the customer.
2.2 The Sellers quotation shall be valid for 30 days unless otherwise quoted.
3. PRICES
Unless otherwise specified, all prices are carriage paid, exclusive of VAT and carriage paid to the kerb side UK Mainland, with the exception of large products requiring a crane / hiab offload. Where a crane / hiab offload is required, this may be charged for separately but the Company will notify you prior to despatch of goods if this is the case and you will have the right to cancel at that point.
4. ORDERS / SPECIFICATIONS
4.1 No order submitted by you shall be deemed to be accepted until confirmed in writing by the Company. Any subsequent amendments must also be confirmed by you and the Company in writing. Due to continual design and manufacturing improvements, strict accuracy of descriptions, specifications, colours, sizes, capacities and illustrations cannot be guaranteed.
4.2 The images of the goods on our website or in our brochures 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 or the printed pictures accurately reflect the colour of the goods and your goods may vary from those images. Where images of individual products are unavailable, images may show multiple goods alongside a description of which goods are included. For goods not manufactured by the Company, the Company is provided with images, codes, descriptions of goods displayed online and in printed material direct from its suppliers and the Company is not responsible for those images, codes or descriptions.
4.3 If you require specific colours, sizes, options, capacities, delivery dates or other criteria, these must be marked clearly on your order.
4.4 We will acknowledge your order during normal working hours (Monday – Friday 8.30am – 5.30pm) with a confirmed cost and estimated delivery date. If this is not acceptable, We will try to resolve any issues to your full satisfaction. If We cannot, you can cancel your order without charge prior to despatch of goods unless products are being made to order.
5. OWNERSHIP OF GOODS
5.1 Risk in the goods shall pass to the Customer when the goods are delivered to the Customer
5.2 Notwithstanding sub-clause 5.1 legal and beneficial ownership of the goods shall remain with the Company until payment in full has been received by the Company:
( i ) for those goods
( ii ) for any other goods supplied by the Company
( iii ) of any other moneys due from the Customer to the Company on any account
5.3Until property in the goods passes to the customer under sub-clause 5.2 about the Customer shall:
( i ) Be bailee of the goods
( ii ) keep the goods separately and readily identifiable as the property of the Company
5.4 ( i ) Not withstanding sub clause 5.2 above the Customer may ( as between it and its customer only ) as principal in the ordinary course of its business sell the goods by bona fide sale at full market value or in the ordinary course of its business use the goods;
( ii ) Goods shall be deemed sold or used in the order delivered to the Customer; ( iii ) Without prejudice to 5.4(i) above, any resale by the Customer of goods in which property has not been passed to the Customer shall ( as between the Company and the Customer ) be made by the Customer as agent for the Company.
5.5 ( i ) If goods in which property has not been passed to the Customer are mixed with or incorporated into other goods the property in those other goods or the proceeds of sale thereof shall be held on trust by the Customer by the Company
( ii ) The Customer shall keep any proceeds of sale as referred to in sub-clause 5.5 (i) above in a separate account and the Company shall have the right to trace such proceeds ( according to the principals in re Halletts Estate ( 1880 ) 13 ch D696 )
( iii ) Upon accounting to the Company for the entire proceeds of sale made under sub-clauses 5.4 (ii) and 5.5 (i) above, the Company will pay to the Customer a commission equivalent to the difference between the sums owed to the Company and the value of such proceeds.
5.6 The Customer assigns to the Company all rights and claims the Customer may have against its own custo0mers and others in respect of goods specified in sub- clauses 5.4 (iii) and 5.5 (i) above.
5.7 At any time prior to property in goods passing to the Customer (whether or not any payment to the Company is then overdue or the Customer is otherwise in breach of any obligation to the Company ) the Company may without prejudice to any other of its rights:
5.8 Retake possession of all or any part of the goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises;
(ii) Require delivery up to it of all or any part of the goods;
(iii) Terminate the Customer’s authority to resell or use the goods forthwith by written notice to the Customer which authority shall automatically terminate ( without notice ) upon any insolvency of the Customer or it going into liquidation ( as defined in the insolvency act 1986 ) or it having a receiver or other similar officer appointed or calling a meeting of its creditors or any execution or distress being levied on goods in its possession.
5.9 The Company may at any time appropriate sums received from the Customer as it thinks fit notwithstanding any purported appropriation by the Customer.
(i) Each clause and sub-clause of this condition is separate, severable and distinct.
6.DELIVERY
6.1 Lead times are estimates of normal delivery. Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by you as close as possible to the estimated date specified by the Company. If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, We will deliver the order in installments. We will not charge you extra delivery costs for this.
6.2 Goods are usually delivered to “goods inwards” or “reception” and always to kerbside / ground floor (unless previously agreed in writing). Further transfer or installation, particularly for large or heavy items, can only be arranged with prior notice (extra charges may apply).
6.3 You or your authorised person must be present to receive and sign for delivery. Any failed attempts may result in a return delivery charge and leaving goods without a signature is entirely at your own risk. The Company cannot accept claims for shortage or damage after the goods have been delivered, unless the carrier’s note has been marked as damaged or signed "unexamined" and the Company is notified in writing within 24 hours of delivery of any issue. Some products may require a small amount of assembly by you after delivery to keep transport costs down. Total non-delivery due to loss in transit must be notified within 7 days of date of invoice.
6.4 Standard delivery may not include pedestrian zones that operate time limits on deliveries.
6.5 Whilst we shall endeavour to deliver your goods to you as quickly as possible, at the very latest delivery will take place within 30 days after the day on which We accept your order (unless stated otherwise for those goods in our website).
7. RETURN OF GOODS
7.1 Standard goods will only be accepted for return unused, undamaged and in the original packaging within 14 days of delivery with the prior agreement of the Company, subject to our right to charge a restocking fee and carriage for the outward journey.
7.2 Unfortunately, we cannot accept the return of bespoke/made-to-order goods if the reason for the return is because you provided us with incorrect measurements or because you no longer require the goods for any reason. However, this will not affect your legal rights as a consumer in relation to made-to-order goods that are faulty or not as described.
7.3 Cancellations / credits are issued by the payment method originally used. Cheques will be issued up to 10 days after your original payment date to allow sufficient time for security checks. Refunds to credit or debit cards will be issued quicker but may take up to 14 working days to show on your statements dependent on your bank (Unfortunately this is totally beyond our control).
8. PAYMENT:
All prices are in pound sterling and subject to the delivery charge as noted above. Payment may be made by Visa, Switch, MasterCard, Solo and Delta. Additionally there is the option to send a cheque or pay on account if you are an existing account customer.
9. RISK / TITLE
9.1 The risk in the goods shall pass to you on completion of delivery.
9.2 Title to the goods shall not pass to you until the earlier of:
a The Company receives payment in full (in cash or cleared funds) for the goods and any other goods that the Company has supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums; or
b You resell the goods in the ordinary course of business, in which case title to the goods shall pass to you at the time specified in clause 9.4 below.
9.3 Until title to the goods has passed to you, you shall:
a store the goods separately from all other goods held by you so that they remain readily identifiable as the Company’s property;
b not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
c maintain the goods in satisfactory condition;
d give the Company such information relating to the goods as the Company may require from time to time.
9.4 Subject to clause 9.5 you may resell or use the goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the goods. However, if you resell the goods before that time:
a You do so as principal and not as the Company’s agent; and
b title to the goods shall pass from the Company to you immediately before the time at which resale by you occurs.
9.5 Until such time as property in the goods passes from the Company to you, you shall upon request deliver up to the Company such of the goods as have not ceased to be in existence or re-sold by you. If you fail to do so the Company may enter upon any premises owned, occupied or controlled by you where the goods are situated and repossess the goods.
10 LIABILITY
10.1 Tek Maintenance t/a Direct Lockers attempt to ensure that the information available on the web site at any one time is accurate. However we cannot guarantee that it will be fault free.
10.2 Tek Maintenance t/a Direct Lockers does not accept liability for any errors and admissions and reserves the right to change information, specification and description of listed goods, and products at any time.
10.3 Tek Maintenance t/a Direct Lockers does not make any warranty that the web site is free from infection by virus or anything else that has contaminating or destructive properties.
10.4 Tek Maintenance t/a Direct Lockers does not accept liability for any losses or claims arising from any inability to access the web site, or any failure to complete a transaction.
10.5 Tek Maintenance t/a Direct Lockers does not accept liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of use of the web site for any products or services purchased from the web site.
10.6 Tek Maintenance t/a Direct Lockers will only be liable for direct loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product purchased in respect of any claim.
11. EVENTS OUTSIDE OUR CONTROL
The Company shall not be liable for any delay or failure to perform its obligations resulting from circumstances outside its reasonable control, including but not limited to, acts of god, strikes, lockouts, accidents, terrorism, war or riot, sabotage, plant / machinery failure or shortage of raw materials.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 You acknowledge that Tek Maintenance t/a Direct Lockers own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site and the business of Tek Maintenance t/a Direct Lockers (including the structure design and layout of the web site) and assert all such rights worldwide.
12.2 You are entitled to use our web site in accordance with these terms and conditions. You must obtain Tek Maintenance t/a Direct Lockers prior written consent before you use the web site or any part of it in any other manner.
12.3 All persons, individual and corporate, are prohibited from providing hypertext or other links to the Tek Maintenance t/a Direct Lockers web site, from their own web site or from a third party's web site, without our prior written consent.
13. DATA PROTECTION
The placing of orders will require you to provide the Company with names, addresses and other relevant detail to enable an efficient transaction to take place. Where you have indicated your consent, the Company may contact you about similar products or services that the Company offers. To stop receiving this information, please either amend your online account settings or send an email [email protected] with ‘No Other Information’ written in the subject and include your postal address and account number.
14. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 Before the goods are delivered, you have the following rights to cancel an order for goods (other than made-to-order goods):
a. you may cancel any order for goods at any time before the Company despatches the goods by contacting the Company as described in clause 17.3 below. The Company will confirm your cancellation in writing to you;
b. if you cancel an order under clause 14.1(a) and you have made any payment in advance for goods that have not been despatched to you, the Company will refund these amounts to you and any delivery charges;
c. unfortunately, if you cancel an order for goods under clause 14.1(a) and the Company has already despatched the goods to you, the Company will not be able to cancel the order until it is delivered. In this case, if you return the goods to the Company, the Company will have to charge you the cost of collection or you will have to pay the cost of returning the goods back to the Company. This will not affect your refund for the goods themselves, but the Company will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
14.2 Unfortunately, as the made-to-order goods are made to meet your requirements, you will not be able to cancel the order once manufacture has started (but this will not affect your legal rights in respect of made-to-order goods that are faulty or not as described).
15 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 The Company may have to cancel an order before the goods are delivered, due to an event outside our control or the unavailability of stock. If this happens:
a. the Company will promptly contact you to let you know;
b. if you have made any payment in advance for goods thathave not been delivered, the Company will refund these amounts to you;
c. where the Company has already started work on an order for made-to-order goods by the time the Company has to cancel under clause 15.1(a), the Company will not charge you anything and you will not have to make any payment.
16. GENERAL
16.1 This Agreement does not confer or purport to confer on any third party any benefits or any right to enforce any term of this Agreement.
16.2 Tek Maintenance t/a Direct Lockers will not be liable for any delay in or failure to perform obligations if that delay or failure is caused by circumstances beyond their control.
16.3 Time shall not be of the essence in the performance of this Agreement.
16.4 If for any reason any provision of these terms and conditions is unenforceable, the validity of the remaining provisions shall not be affected.
16.5 The terms and conditions and contracts between you and Tek Maintenance t/a Direct Lockers Ltd shall be governed by English & Welsh law and all disputes shall be submitted to the jurisdiction of the English & Welsh courts.
16.6 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under late payment legislation if we are not paid according to agreed credit terms. The amount of compensation claimed will depend on the size of the debt as per details below.
17 CONTACT DETAILS
17.1 The company is registered in England and Wales under registration number 07831821.
The Company’s registered office is at 6/7 Ashdown House, Riverside Business Park, Benarth Road, Conwy. LL32 8UB. and the Company’s registered VAT number is 212 4327 52.
17.2 If you have any questions or if you have any complaints, please contact [email protected] telephone on 0800 043 0108.
a. If you have a query relating to an order you can contact the sales team
by telephone on 0800 043 0108 or by email [email protected]