Inergy UK Ltd Website Terms And Conditions for Consumers

Currently applies to online selling of DANLERS products only through www.inergyuk.com and www.inergyuk.co.uk

BACKGROUND:

This agreement applies as between you, the User of this Web Site and Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation
   In this Agreement the following terms shall have the following meanings:
   
   

   “Account”	means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
   “Carrier”	means any third party responsible for transporting purchased Goods from our Premises to customers;
   “Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
   “Goods”	means any products that Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers advertises and  / or makes available for sale through this Web Site;
   “Inergy UK Ltd”	means Inergy UK Ltd, 15 Goodwood Way, Chippenham, Wiltshire SN14 0SX
   “Service”	means collectively any online facilities, tools, services or information that Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers makes available through the Web Site either now or in the future;
   “Payment Information”	means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
   “Purchase Information”	means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
   “Premises”	Means our place(s) of business located at 15 Goodwood Way, Chippenham Wiltshire SN14 0SX
   “System”	means any online communications infrastructure that  Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturersmakes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
   “User” / “Users”	means any third party that accesses the Web Site and is not employed by Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers and acting in the course of their employment; and
   “Web Site”	means the website that you are currently using (www.inergyuk.com) and any sub-domains of this site (www.inergyuk.co.uk) unless expressly excluded by their own terms and conditions.

   
   
   
2. Age Restrictions
   
   Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.
   
   
3. Business Customers
   
   These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a business customer please select Business Terms and Conditions
   
   
4. International Customers
   
   If Goods are being ordered from outside Inergy UK Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers  is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers cannot guarantee that the packaging of your Goods will be free of signs of tampering.
   
   
5. Intellectual Property
   
   5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
   
   5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by   Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers .
   
   
6. Third Party Intellectual Property
   
   6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
   
   6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
   
   
7. Fair Use of Intellectual Property
   
   Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
   
   
8. Links to Other Web Sites
   
   This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers  or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
   
   
9. Links to this Web Site
   
   Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.inergyuk.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Inergy UK Ltd.  To find out more please contact us by email at director [at] inergyuk.com or by post to Inergy UK Ltd, 15 Goodwood Way, Chippenham Wiltshire SN14 0SX or by telephone on 01249 654142
   
   
10. Use of Communications Facilities
    
    10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
    
    10.1.1 You must not use obscene or vulgar language;
    
    10.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    
    10.1.3 You must not submit Content that is intended to promote or incite violence;
    
    10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
    
    10.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
    
    10.1.6 You must not impersonate other people, particularly employees and representatives of Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers or our affiliates; and
    
    10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    
    10.2 You acknowledge that Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers reserves the right to monitor any and all communications made to us or using our System.
    
    
11. Accounts
    
    11.1 In order to purchase Goods on this Web Site and to use the website facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:
    
    11.1.1 all information you submit is accurate and truthful;
    
    11.1.2 you have permission to submit Payment Information where permission may be required; and
    
    11.1.3 you will keep this information accurate and up-to-date.
    Your creation of an Account is further affirmation of your representation and warranty.
    
    11.2 It is recommended that you do not share your Account details, particularly your username and password.  Inergy UK Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
    
    11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Inergy UK Ltd accepts no liability for errors in pricing provided either by Inergy UK Ltd or by our suppliers or manufacturers accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
    
    11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.
    
    
12. Termination and Cancellation
    
    12.1 Either you or Inergy UK Ltd may terminate your Account.    If Inergy UK Ltd  terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
    
    12.2 If Inergy UK Ltd terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
    
    12.3 If Inergy UK Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
    
    12.4 Inergy UK Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
    
    12.5 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
    
    12.6 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
    
    
13. Goods, Pricing, Availability and Payments
    
    13.1 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
    
    13.2 Inergy UK Ltd does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Web Site.
    
    13.3 All pricing information on the Web Site is understood as correct at the time of going online.  However Inergy UK Ltd accepts no liability or obligation for errors in pricing regarding products we are selling on our website. Inergy UK Ltd retains the right not to sell products at prices that we consider have been incorrectly defined and displayed on our website - for any reason.  UK Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated in line with the guidance and information from our manufacturers and suppliers. 
    
    13.4 In the event that prices are changed during the period between an order being placed for Goods and Inergy UK Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
    
    13.5 All prices on the Web Site do not include VAT.  Inergy UK Ltd’s VAT number is 886 1362 96.
    
    13.6 Payments. All are made online through the procedure provided.
    Making A Purchase Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
     
    If you have made a mistake in your order and cannot correct it in the shopping cart, contact us and we will correct the mistake.
    
    When confirmation of your order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
    
    
14. Delivery
    
    Shipping And Handling All orders totalling £30 or more are carriage paid within the UK.  Deliveries abroad require a carriage charge at cost.  Prices are subject to VAT at 15% except for exports. VAT registered number 886 1362 96
    
    A postage and packing charge of £5.00 is made for all orders under £30.
    
    **Euro(€) Prices are subject to Exchange Rate variations
    
    Delivery Schedule For the UK and Europe we will normally send your order to you within 5 business days. International orders are generally received in 10 business days.
    
    Damaged goods, errors, shortages and discrepancies must be advised within 7 days of receipt.
    
    You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received.
    
    Back Orders If your item is not in stock, we will back order for you.
    
    Tax Charges For orders made from the UK, 15% VAT is added. All other orders are VAT free.
    
    Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
    
    Warranty Danlers warranty extends to two years from date of manufacture for their products
    
    Reaching Us. If you need to reach us, please email us using the link on the store page, alternatively, you can call on 01249 654142 (International +44(0)1249 654142) or fax us on +44(0)1249 654142 or write to us at 15 Goodwood Way Chippenham Wiltshire SN14 0SX United Kingdom
    
    Privacy Policy Inergy UK Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
    
    
15. Returns Policy
    
    Inergy UK Ltd aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.
    
    15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days of receipt to arrange collection and return to Danlers.  Inergy UK Ltd is not responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.
    
    15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Inergy UK Ltd within 7 days of receipt to arrange collection and return.  Inergy UK Ltd is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
    
    15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
    
    15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to Inergy UK Ltd within 7 days of receipt and arrange collection and return to Danlers.  Inergy UK Ltd is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
    
    15.5 If you wish to return Goods for any of the above reasons, please (contact) to make the appropriate arrangements.
    
    15.6 Inergy UK Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
    
    15.6.1 Any use or enjoyment that you may have already had out of the Goods;
    
    15.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
    
    15.6.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
    
    15.6.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
    Such discretion to be exercised only within the confines of the law.
    
    
16. Privacy
    
    Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.
    
    
17. Disclaimers
    
    17.1 Inergy UK Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
    
    17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
    
    17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
    
    
18. Changes to the Service and these Terms and Conditions
    
    Inergy UK Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Inergy UK Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
    
    
19. Availability of the Web Site
    
    The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    
    Inergy UK Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    
    
20. Limitation of Liability
    
    20.1 To the maximum extent permitted by law, Inergy UK Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
    
    20.2 Nothing in these Terms and Conditions excludes or restricts Inergy UK Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Inergy UK Ltd.
    
    20.3 Nothing in these Terms and Conditions  excludes or restricts Inergy UK Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
    
    20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
    
    
21. No Waiver
    
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
    
    
22. Previous Terms and Conditions
    
    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
    
    
23. Notices
    
    All notices / communications shall be given to us either by post to our Premises (see address above) or by email to director [at] inergyuk.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    
    
24. Law and Jurisdiction
    
    These terms and conditions and the relationship between you and Inergy UK Ltd shall be governed by and construed in accordance with the Law of England and Wales and Inergy UK Ltd  and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.