Ask4screens Website and Standard Business Terms and Conditions
Terms of Agreement.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to firstname.lastname@example.org
“Seller” means Ask Design Limited, registered in England, No: 04256889 (in these Terms and Conditions also means ”Ask4screens”) whose registered office is at Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD.
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3.
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms” and “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
- Scope of the Terms and Conditions
- This page, (together with the documents expressly referred to in it), tells Customer information about ADL and the legal terms and conditions (Terms) on which ADL supplies any of the products (Products) listed on the website www.ask4screens.co.uk (Website).
- These Terms will apply to any contracts between ADL and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where ADL has given its prior written consent). For the avoidance of doubt, any replies by ADL that reference any of Customer’s correspondence which itself makes reference to the Customer’s purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
- To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by ADL which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
- Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
- ADL may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time.
- Information about ADL
- ADL operates the Website. ADL is a company registered in England and Wales under company number 04256889 with its registered office at Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD. ADL’s main trading address is Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD. ADL’s VAT number is GB 793 2965 80.
- To contact ADL, please refer to the Contact page https://www.ask4screens.co.uk/contact
- How the Contract is formed between ADL and Customer
- ADL’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
- After Customer places an order, Customer will receive an order confirmation from ADL with a summary of the order. However, this does not mean that the order has been accepted. ADL’s acceptance of the order will take place as described in condition 3.4.
- The Contract between Customer and ADL shall only be concluded after ADL has sent a separate order confirmation via e-mail (Acceptance of Order). ADL will send the Confirmation via e-mail within five days after receiving the Order.
- The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
- Status of Customer
- For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
- If Customer is purchasing as a consumer:
- Customer may only purchase Products from the Website if Customer is at least 18 years old; and
- Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Citizens’ Advice Bureau or Trading Standards. Nothing in these Terms will affect these legal rights.
- If Customer is purchasing as a business:
- Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
- Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between ADL and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of ADL which is not set out in these Terms or any document expressly referred to in them.
- Content of the Order
- After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by ADL in making such changes.
- Rights of revocation and exclusions to revocation in consumer contracts.
Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments.
- Revocation policy
- You have the right to revoke this contract within 14 days without giving reasons.
- The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the last goods.
- To exercise your right of revocation, you must inform us:
- Ask Design Limited Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD by means of a clear statement (e.g. a letter sent by post or email etc.) regarding your decision to revoke this contract.
- To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
- Consequences of revocation
- If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
- You must send back or transfer the goods immediately and, in all cases, no later than 14 days from the date on which you notify us of the revocation of this contract to Ask Design Limited, Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.
End of revocation policy
This right of revocation shall not apply for the delivery of goods that have been produced according to customer specifications.
The right of revocation shall not exist for distance sales contracts for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
- If the printed materials are produced via the ADL website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
- Applicable laws require that some of the information or communications ADL send to Customer should be in permanent form and for this purpose, ADL shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
- When registering to use the Website, Customer shall provide an e-mail address for communications between ADL and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by ADL.
- In the case of Customers purchasing as a business:
- Customer acknowledges and agrees that this e-mail address shall be stored by ADL and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
- any notice or communication sent by ADL to Customer, or by Customer to ADL will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
- The price of the Products will be as quoted on the Website.
- Price of the Products and Delivery Charges
- ADL takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if ADL discovers an error in the price of Products(s) ordered by Customer, condition 12.5 will apply.
- Prices for the Products may change from time to time, but changes will not affect any order which ADL has confirmed with an Order Confirmation.
- The price of the Products includes packaging but excludes delivery charges.
- Delivery is free of charge on all orders over the value of £100.00 before VAT is applied.
- The Website contains a large number of Products. It is always possible that, despite ADL’s best efforts, some of the Products on the Website may be incorrectly priced. If ADL discover an error in the price of the Products Customer has ordered, ADL will inform Customer of this error and ADL will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. ADL will not process Customer’s order until it has received Customer’s instructions. If ADL is unable to contact Customer using the contact details Customer provided during the order process, ADL will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mis-pricing, ADL do not have to provide the Products to Customer at the incorrect (lower) price.
- The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under Condition 8). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
- If Customer obtains a quotation for Products from ADL either by e-mail or through the Website, this does not constitute an offer by ADL and shall only be valid for a period of 14 days from the date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged.
- The price of the Products excludes VAT. VAT will be added to the final sub-total at checkout or upon ADL providing an invoice. VAT is applied at the current rate chargeable in the UK. However, if the rate of VAT changes between the date of the order and the date of delivery, ADL will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
- If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify ADL immediately following receipt of the Order Confirmation and confirm the reasons for this. ADL will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, ADL shall reimburse Customer for any overpayment made in respect of VAT.
- Customers who are registered for VAT purposes must provide to ADL a valid VAT registration number at the time of placing an order. ADL is entitled to retain such information and apply this VAT registration number to any subsequent orders until ADL is notified by Customer in writing that the VAT registration number is no longer valid.
- Customer may pay for Products at the time of placing the order using a debit card or credit card.
- No other payment methods or terms shall apply unless expressly agreed with ADL in writing.
- In the event that Customer makes a payment in error, it is the responsibility of Customer to notify ADL and request ADL reimburse such sum. Subject to confirmation by ADL that it has received such overpayment, ADL shall reimburse the sum to Customer. Where the repayment of any such sum by ADL is subject to an additional charge, ADL shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
- Delivery and Production
- Delivery is based upon stock holding and the production time taken by ADL to manufacture the Products and the delivery time to ship the Products to Customer.
- ADL will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and ADL has completed the production of the Products.
- ADL will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by ADL.
- Delivery will be completed when ADL delivers the Products to the address given by Customer during the order process.
- The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once ADL has received payment in full for the Products.
- Delivery of the Products shall be performed during normal business hours, being Monday to Friday 9am to 5pm.
- ADL may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract and ADL shall pay the additional shipping charges relating to any subsequent instalments. Any delay in delivery or defect in an instalment shall not entitle Customer to cancel any other instalment.
- For the avoidance of doubt, ADL shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of ADL or Customer’s failure to provide ADL with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
- Event Outside the Control of ADL
- ADL shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of ADL. An Event Outside the Control of ADL is defined below in condition 14.2.
- An Event Outside the Control of ADL means any act or event beyond ADL’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside the Control of ADL takes place that affects the performance of ADL s obligations under a Contract:
- ADL will notify Customer as soon as reasonably possible; and
- ADL’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of ADL.
- If the Event Outside the Control of ADL extends beyond four weeks, Customer shall be entitled to cancel the Contract.
- Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify ADL immediately and, in any event, no later than 2 working days following delivery of the Products. Subject to Customer giving ADL a reasonable opportunity of examining such Products and Customer (if asked to do so by ADL) returning such Products to ADL at ADL’s cost, ADL will provide a full refund of the price paid by Customer including return postage and packing.
- If Customer returns any Products to ADL and ADL can prove they were not damaged or defective when Customer received them, or are not as described, ADL may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
- ADL’s liability if Customer is purchasing as a consumer
- If ADL fails to comply with these Terms, ADL is responsible for any loss or damage suffered by Customer that is a foreseeable result of ADL’s breach of the Terms or ADL’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of ADL’s breach or if they were contemplated by Customer and ADL at the time the Contract was entered into.
- ADL does not in any way exclude or limit its liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 14 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 15 to 17 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- ADL’s liability if Customer is purchasing as a business
- Nothing in these Terms limit or exclude ADL’s liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to condition 14.3, ADL will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to condition 16.3 and condition 16.4, ADL’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
- Except as expressly stated in these Terms, ADL does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, ADL will not be responsible for ensuring that the Products are suitable for Customer’s purposes.
- Communications between ADL and Customer
- When these Terms refer to “in writing”, this will include e-mail.
- If Customer is purchasing as a consumer:
- To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact ADL in accordance with ADL’s revocation policy.
- If Customer wishes to contact ADL in writing for any other reason, Customer can send this to ADL by e-mail or by pre-paid post to ADL at email@example.com or ADL Limited, Suite 8, Unit 5, Blue Chip Business Park, Atlantic Street, Altrincham, Cheshire WA14 5DD. Customer can always contact ADL using the Customer Services telephone line displayed on the website.
- If ADL has to contact Customer or give Customer notice in writing, ADL will do so by e-mail or by pre-paid post to the address Customer provided in the order.
- If Customer is purchasing as a business, any notice given by Customer to ADL, or by ADL to Customer, will be deemed received and properly served immediately when posted on our Website, 24 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. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
- Default or Insolvency of Customer
- If the buyer shall fail to accept the Goods or any instalment or part instalment thereof or shall fail to pay any sum due to the Company at the proper time or make default in or commit any breach of any other obligation or if any distress or execution shall be levied on the buyers property or assets or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a Company) if any Resolution or Petition to wind up such Company shall be passed or presented or if a receiver of the whole or any part of such Company’s undertaking property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim by notice in writing determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company’s right subsequently to determine the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any defaults by the Buyer be remedied.
- Force Majeure
- The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes lock outs accidents war fire reduction in or availability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply
Save as provided in conditions 18 and 19 hereof contracts may not be cancelled except by agreement in writing of both parties and upon payment to the Company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.
- Personal Data
- ADL will use the personal information provided by Customer to:
- supply the Products;
- process the payment for such Products
- ADL does not pass any personal data to any other third party.
- Other important terms
- ADL may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or ADL‘s obligations under these Terms.
- Customer may only transfer its rights or obligations under these Terms to another person if ADL agree in writing. However, if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask ADL’s consent.
- The Contract is between ADL and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of ADL’s warranty, but ADL and Customer will not need their consent to cancel or make any changes to these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If ADL (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that ADL has waived its rights against Customer or that Customer does not have to comply with those obligations. If ADL does waive a default by Customer, ADL will only do so in writing, and this will not mean that ADL will automatically waive any later default by Customer.
- If Customer is purchasing as a consumer, these Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. Customer and ADL both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if Customer is a resident of Northern Ireland, Customer may also bring proceedings in Northern Ireland, and if Customer is a resident of Scotland, Customer may also bring proceedings in Scotland.
- If Customer is purchasing as a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Customer and ADL both agree to the exclusive jurisdiction of the courts of England and Wales.
Date of documentation: April 2019