WEBSITE TERMS AND CONDITIONS OF SALE – Updated 03/12/15
Ultrasonic Antifouling Works is the UK sales website for CMS Marine and the SonicShield Brand.
This page and referenced documents are the terms and conditions by which we ‘COTSWOLD MICRO SYSTEMS LTD’ supply any products listed on our website.
Please ensure that you read and fully understand these Terms and Conditions before ordering any products from our site. If you order products from this site you must understand that you are bound by these terms and conditions.
It is advised that you print a copy of these terms for your reference as CMS reserve the right to modify or amend any of these terms with any changes to business conditions.
If you refuse to accept any of these terms and conditions please be aware that you will not be able to purchase any products from this site.
1. Information about CMS MARINE.
1.1 CMS MARINE is the trading name of COTSWOLD MICROSYSTEMS LTD. (Hereafter referred to as “CMS”, “we”, “us” or “our). COTSWOLD MICROSYSTEMS LTD is a registered company in England and Wales under company number 1625178 and our registered offices are 4 St Albans Road, Gloucester, GL2 5FW. Our VAT number is 484603631
1.2 Please note that our site is only applicable for use in the countries in which we service. We reserve the right to refuse orders from countries that do not appear in Appendix 1. If you are in any doubt if your country is serviced by CMS then please refer to Appendix 1 or contact our registered office.
2. YOUR STATUS
When placing a order through our site you warrant that
2.1 You are legally capable of entering into a binding contract
2.2 You are a “consumer” (referred to as an individual purchasing the product outside the course of business responsibilities)
2.3 You are a resident of a country detailed in Appendix 1 and you are accessing the site from that country.
3. CONTRACT BETWEEN CMS AND YOU
3.1 After placing an order through our website, you will receive an email acknowledgment from our dedicated email address email@example.com within 5 working days. Please note that this email acknowledgment is not a confirmation of your order. Your order constitutes an offer to buy a product from CMS. All orders are subject to acceptance by us.
3.2 If your order is accepted you will receive and email from firstname.lastname@example.org. This ‘Confirmation email’ confirms despatch of your product whereby your nominated account will be debited with the agreed value as per order placement. A contract will only be formed between CMS and you when this confirmation email has been sent.
4.YOUR CONSUMER RIGHTS
4.1 If your order is placed in line with the conditions stated in ‘2.Your Status ’, you may cancel a contract at any time within seven working days, beginning on the day after you receive your product. If you express you right to cancel the contract, you will receive a full refund of the price you paid for the product and any delivery charges in accordance with our refund policy detailed below.
4.2 To cancel your contract you must inform us in writing to our registered address. You must also return the product to us immediately, at your own cost and risk. You have a legal obligation to take reasonable care of the product while they are in your possession. If you fail to comply with this obligation, you may be liable to a right of action against you for compensation.
4.3 Details of your statutory rights and an explanation of how to exercise these rights are provided in your confirmation email.
4.4 The above rights do not affect your statutory rights as a consumer if you have achieved all conditions laid out in ‘2.Your Status’.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be confirmed within 30 days of order placement, unless there are any exceptional circumstances.
5.2 Your product will be delivered to you within the specified ‘shipping’ time. Please see advise on shipping times in Appendix 2
6.1 Ownership of the product will only pass to you on confirmation of full received funds into our nominated bank account.
7. PRICE AND PAYMENT
7.1The price of our product will be quoted on our website. The price you pay will be charged at the price quoted at time of ordering.
7.2 Please note that the prices include ‘where applicable’ VAT but exclude delivery and options. The total of your purchase including shipping and options will be explicitly detailed before you confirm you order to us.
7.3 Prices are liable to change but will not affect any orders that have been confirmed by us.
7.4 As prices are liable to change we will ensure that we contact you before confirming your order if the price of your purchase has increased, to allow you to instruct us how to proceed.
7.5 From time to time incorrect prices may be displayed and we reserve the right to cancel any order placed if the price displayed is obviously and unmistakably incorrect.
7.6 Payment for all products must be made by either credit card (2.5%) surcharge, PayPal (2.5%) surcharge or Debit Card. We will not charge your card until we despatch your order.
8. REFUND POLICY
8.1 When you return a product to us because you have cancelled the contract within the 7 day period stated above, we will process the refund as soon as possible but no more than 30 Days from receiving your written confirmation to cancel your contract with us. We will refund the total cost of your returned items value. No compensation will be paid relating to the cost you have made to return the product to us.
8.2 When you return the product for any other reason (for example but not excluding other options, whereby the product has been deemed faulty by you), we will examine the product and if confirmation of product fault is found we will refund the total cost of your returned items value as soon as possible but no more than 30 Days from receiving your written confirmation. No compensation will be paid relating to the cost you have made to return the product to us.
8.3 It is our operating standard to return any monies due to you in respect of a refund directly to the card of which the order was originally made.
9. OUR LIABILITY
9.1 CMS provides a 24 Month return to base warranty on all products. This warranty does not include
9.1.1 Defects in the product caused by use of the product other than in accordance with the instructions for use provided with the product.
9.1.2 Defects in the product caused by business use.
9.1.3 Defects in the product caused by your use of the product other than their intended purpose.
9.1.4 Damage to the product and/or other goods caused by your misuse of the product.
9.1.5 Defects caused by your adaption of the product.
9.2 Our liability for losses that you suffer as a result of us breaking the contract is strictly limited to the purchase price of the product you purchased.
9.3 The provision on Claus 9.2 do not in any way exclude or limit our liability for death or personal injury caused by our negligence, under section 2 (3) of the consumer protection act 1987 or for fraudulent misrepresentation.
9.4 We do not accept any consequential losses. We are not responsible for indirect losses which occur as a side effect of the main loss or damage, including but not limited too. Loss of income or revenue, loss of business, loss of profit or contracts or loss of anticiapated savings.
10. IMPORT DUTY
10.1 CMS are not responsible for any import duties and taxes which may be levied if the products are delivered outside of the UK. You will be responsible for payment of any such charges relating to your purchase. We have no control over these charges and cannot predict the amount as these will vary from country to country. For more information on these taxes and import duties we would recommend you contact your local customs office before placing your order.
10.2 Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be held liable for any breach by you of these laws.
11.1 All notices given to us must be address to our registered address Cotswold Microsystems Ltd, 4 St Albans Road, Gloucester, GL2 5FW or to email@example.com.
11.2 We may give notice to either your nominated email address at time of ordering or under certain circumstances to the postal address of the registered Credit or Debit Card.
11.3 Notice will be deemed as issued when it has been placed on our Website, within 24Hrs of sending an email or within 3 days of posting of any letter.
12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
12.1 We reserve the right to amend these terms and conditions, to reflect changing market conditions affecting our business, technology, payment methods, relevant legal or regulatory changes and changes to our systems capability.
12.2 The terms that are stated on these pages at time of order despatch will be binding, if there has been a change to the terms between the time of you placing the order and us changing these terms we will notify you via email to request that you accept these revised terms.
13. LAW AND JURISDICTION
13.1 Contracts for the purchase of this product and any dispute or claim arising from this purchase will be governed by UK law and the courts of England and Wales.
Isle Of Man
Republic of Ireland
Shipping Information Guides
The shipping information below is an estimate based on the information supplied by the 3rd Party courier service. All orders shipped will be fully traceable. We reserve the right to appoint an alternative courier service, if a change is made this will be made apparent on the confirmation email.
UK Main land
Courier – DHL
Service – Next Day before 5PM
Website – http://www.dhl.co.uk/en/express.html
UK Other Non Mainland (Northern Ireland, Isle of Man, Isle of White, Channel Islands)
Courier – Parcel Force
Service – 2 Day Tracked
Website – http://www.parcelforce.com/track-trace
Republic of Ireland, France, Spain and other EU countries
Courier – DHL
Service – 3 Day Service
Website – http://www.dhl.co.uk/en/express.html