Need-It-Now Sales Terms & Conditions
Terms and conditions applying to purchase products and downloads from the Need It Now website.
This website (www.prometheanworld.com/gb/need-it-now) ("Our Site") is operated by or on behalf of Promethean, Ltd. ("we", "us" or "our"). We are Promethean Ltd located at Promethean House, Lower Philips Road, Blackburn Lancashire UK BB1 5TH. These terms and conditions relate to the purchase of products from us, via Our Site (the "Products").
1. YOUR STATUS
1.1 By placing an order through Our Site, you warrant that:
1.1.1 where you are placing an order in the course of your employment you are authorised to do so on behalf of your employer;
1.1.2 you are legally capable of entering into a binding contract with us;
1.1.3 you are at least eighteen (18) years old;
1.1.4 your order will be shipped within the U.K. Mainland; and
1.1.5 the intention of your purchase is to use the Product for your employment purposes as opposed to your personal enjoyment.
2. OUR CONFIRMED ORDER
After placing an order, you will receive an e-mail incorporating your U.K. Store VAT receipt from us acknowledging that we have received your order. All orders are subject to acceptance by us. You will receive an e-mail that confirms that the Product has been dispatched (the "Confirmation"). A contract between you and us will only be formed when you receive the confirmation (any such contract being referred to as a "Confirmed Order" in the rest of these terms and conditions).
3. OUR STATUS
We may provide links on Our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through Our Site, or from companies to whose website we have provided a link to on Our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
4. RETURNS AND CANCELLATIONS
4.1 In the unlikely event that a Product you purchase from Our Site is faulty please contact our Technical Support team in the UK on 0844 2492077. You may be asked to return the Product to us as soon as possible after delivery and we will issue any refund in accordance with our refunds policy for returns if applicable [please see section 5.2].
4.2 If you are an independent consumer rather than a business or school purchasing a Product from Our Site, subject to section 4.4, you have the right to cancel any Confirmed Order within fourteen (14) days after you receive the Products (the “Cooling-Off Period”). In this case, upon your return of and Promethean’s receipt of the relevant Product in the same condition in which you received it, you will receive a full refund of the price paid for the Products (with the exception of the shipping costs) in accordance with our refunds policy for cancellations [please see section 5.1]. In order to exercise this right, you must comply with section 4.3 below. To be clear, this right of return during the Cooling-Off Period does not apply to business purchasers, only to consumer purchasers.
Details of the return email notification address : email@example.com
Details of return address label : MR ROSS BROWN PROMETHEAN LTD ACTIVHOUSE, LOWER PHILLIPS RD, WHITEBIRK INDUSTRIAL ESTATE, BLACKBURN BB1 5RD
4.3 To cancel a Confirmed Order during the Cooling-Off Period, you must inform us by e-mail within 14 days of receipt of the Products. 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 Promethean receives the returned Products damaged, through no fault of Promethean, no refund will be given. Again, this Cooling-Off Period only applies to consumers.
4.4 Details of your legal right to cancel a Confirmed Order and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your rights under law.
5. REFUND POLICY
5.1 When you return a Product to us because you have cancelled the Confirmed Order between us in accordance with section 4.2 above, we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day you have given notice of your cancellation (provided that you have returned the relevant Products in the same condition in which you received them). In this case, we will refund the price of the Product in full plus your original costs of shipping. However, you will be responsible for the cost of returning the item to us.
5.2 When you return a Product because, upon receipt, it is found to be defective or damaged (per Section 4.1), we will examine the returned Product, determine whether the Product is under Promethean’s standard warranty term, and will notify you of any refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirm to you via e-mail that you are entitled to a refund. The cost of returning the item to us is your responsibility.
5.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6. RISK AND TITLE
6.1 The Products will be at your risk and responsibility from the time of delivery.
6.2 Ownership of Products will only pass to you when we receive full payment of the full value of your order by Credit Card via WorldPay including delivery charges. Ownership will not pass to you if you exercise your cancellation rights in accordance with section 4 above.
7. PAYMENT AND DELIVERY
7.1 We will use reasonable endeavors to fulfill each Confirmed Order by the delivery date set out in the Confirmation or, if no delivery date is specified, then within thirty (30) days of the date of the Confirmation, unless there are exceptional circumstances.
7.2 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error. These prices do not include the current UK tax rate or delivery costs, which will be added to the total amount due which will be reflected at check out.
7.3 Prices are liable to change at any time, but changes will not affect Confirmed Orders in respect of which we have already sent you a Confirmation.
7.4 Payment options are set forth on Our Site.
8. OUR LIABILITY
8.1 The Products are subject to Promethean’s Standard Warranty (if applicable), the terms of which can be found at www.prometheanworld.com/warranty.
8.2 To the fullest extent permitted by applicable law, save as otherwise provided in these terms and conditions, we expressly disclaim all warranties, representations, conditions and other terms of any kind, whether express or implied, including, but not limited to, any implied warranties, representations, conditions or other terms of merchantability, satisfactory quality, or fitness for a particular purpose.
8.3 Our liability arising out of or in relation to these terms and conditions and any Confirmed Order you place shall be limited to the purchase price of the relevant Product.
8.4 Subject to section 8.5 below, we will not be liable for:
(a) loss of profits;
(b) loss of goodwill;
(c) loss of use;
(d) loss of data; or
(e) any indirect, incidental, special, consequential or exemplary loss or damage, arising out of or in relation to the use of any Product, these terms and conditions, or any Confirmed Order placed by you whether caused by tort (including negligence), breach of contract or otherwise (even if we have been advised of the possibility of such loss or damage).
8.5 Nothing in these terms and conditions shall limit or exclude our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.6 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations set out above may not apply to you.
8.7 Where you are using Our Site as a consumer, nothing in these terms and conditions shall affect your statutory rights.
8.8 We comply with the Waste Electrical and Electronic Equipment Directive (WEEE), go to http://www.prometheanworld.com/gb/english/education/about-us/social-responsibility/recycle/ for more information.
All notices given by you to us must be given to Promethean Ltd at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on Our Site, twenty-four (24) hours after an e-mail is sent, or three (3) 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.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our 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 Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not affect your rights under law.
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 events outside our reasonable control ("Force Majeure Event").
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
(g) Failure or interruption of connectivity to the internet.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure Event continues for two (2) months, we may terminate this Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 9 above.
15. ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Confirmed Order and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Confirmed Order, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Confirmed Order except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Confirmed Order (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
17. GOVERNING LAW
These terms and conditions are governed by the laws of the United Kingdom. Any disputes or differences arising out of these terms and conditions (or in relation to any Confirmed Order) shall be subject to the exclusive jurisdiction of the applicable courts located in the United Kingdom.
Version U.K. (December 2014)