Terms & Conditions
CBRN SOLUTIONS UK LTD Terms & Conditions
1.1 These terms and conditions set out your rights and obligations in relation to the goods offered by:
CBRN Solutions UK Ltd
35 Ladysmith, East Gomeldon, Salisbury, Wilts SP4 6LD United Kingdom
Tel: +44 1980 610895
Fax: +44 1980 610895
Mobile: +44 7979495108
1.2 We reserve the right to revise these terms and conditions from time to time and details of any changes made will be posted on our web site www.cbrnsolutionsuk.com
2. Prices and Payment
2.1 Example of the prices payable for goods and services that you order are as set out in our website. Payment will be made in the currency indicated.
2.2 We reserve the right to alter the prices for the goods from time to time and will make sure that such prices are clearly stated when you request the relevant goods or services. We may add new or ancillary goods and services from time to time and reserve the right to charge and alter prices on the same basis.
2.3 Unless credit terms have been agreed, we must receive payment of the whole of the price for the goods and services that you order before your order can be accepted. We will e-mail you at the email address you provide when your order and payment has been received. Our acceptance of your order will bring into existence a legally binding agreement between us.
2.4 We will not refund the price paid for goods or services other than in circumstances provided for under these terms and conditions.
3. Placing Orders and Right to Cancel
3.1 Orders for goods and services may be placed by telephone, fax or email.
3.2 If you are buying the goods or services in the UK the following terms and conditions will apply to you:
3.2.1 If you are buying as a consumer in the UK (that is an individual who is acting for purposes outside a business), the UK ‘s Distance Selling Regulations allow you to cancel a contract within 7 days of receiving your ordered goods. In order to cancel you must give us notice in writing sent by prepaid letter, fax or email to the address in section 1 of these terms and conditions.
3.2.2 If you have received the goods before cancelling the contract you must send the goods back to our contact address at your own cost and risk.
3.3 You cannot cancel your contract if the goods you have ordered have been manufactured or adapted to your own specification (“bespoke goods”) or if you have ordered software and the packaging in which such software is sealed has been opened. Bespoke goods are clearly indicated on our website.
3.4 You cannot cancel your contract if you have ordered Product Training or seervices where we have commenced work on providing this service to you (which shall include our reasonable preparatory work prior to delivery of any training). If we have not incurred any significant time or costs at the date you purport to cancel a contract for product training which is not later than one month before the delivery of training we may at our discretion cancel the contract if you pay a cancellation fee to cover our administrative costs.
4. Cancellation by Us
4.1 We reserve the right to cancel the contract between us if:-
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we are not permitted to deliver to your country/territory (and in this regard customers must note the conditions which affect goods requiring a relevant export licence which are explained more fully in Condition 7);
4.1.3 we are not satisfied that the customer has sufficient skill to operate the goods and/or has refused to order Product training as part of the contract; or
4.1.4 one or more of the goods or services were listed at an incorrect price due to a typographical or other pricing information error.
4.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum already paid by you as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Your Personal Details
5.2 You may apply for “Registered Customer” status by applying to us in writing and providing such reasonable information as we may require to process you application which you acknowledge may involve carrying out credit checks and asking for references. On successful processing of your application we will notify you by post or email of your status as a Registered Customer and will confirm your username and password.
6. Intellectual Property
6.1 The contents, information and materials visible or readable in whatever form on the website or the underlying software are owned exclusively by us or used under licence from third party owners. This includes copyright, trademarks, logos, designs, text, graphics and all other intellectual property rights whatsoever.
6.2 Copying, reproducing, storing, modifying, distributing, downloading or otherwise use of any of the material on the website in any form is prohibited without specific consent being obtained from us.
6.3 The goods and services sold by us may also be protected by copyright, trademark, design, patent or other right and any unauthorised reproduction of the goods may infringe such third party rights.
7. Delivery of Goods and Services
7.1 We will deliver the goods ordered by you to the address you give for delivery at the time you make the order. When you give us this address you warrant that you are a resident of or legitimately doing business within the country/territory and this is the representation on which we will rely in accepting your offer to purchase our advertised goods and/or services.
7.2 Delivery will be made as soon as possible after your order is accepted however some deliveries may take up to 8 weeks or longer depending on the items or the services required. Goods are despatched with a delivery note which will indicate which of the goods require a relevant export licence issued by the Government body in the country of export with the wording “these items may be subject to export controls” .
7.3 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs import or other permit to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. Except where we have agreed to obtain an export licence for you as part of the contract relating to the sale of particular goods (which shall be agreed in writing) we make no representation and accept no liability in respect of obtaining any export licence or conditions which may apply to the export and subsequent import of the goods you purchase.
7.4 Ownership of the goods shall pass to you on delivery unless we have agreed credit terms when ownership shall pass to you once payment has been made in full. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.5 Training and other services will be delivered on the date and at the location agreed on acceptance of your order. Your attention is drawn to the rights we have in relation to cancellation of training in clause 3.4 of these Terms and Conditions.
Sale of Goods and Services
8.1 If you are a consumer or business resident in the UK purchasing goods/services from us and the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. If you notify a problem to us under this condition our only obligation will be, at your option,
8.1.1 to make good any shortage or non-delivery
8.1.2 to replace or repair any goods that are damaged or defective or
8.1.3 to refund to you the amount paid by you for the goods in question.
8.2 All the information about the goods and recommended training can be found in the relevant equipment or software sections of this website. You must satisfy yourself that the goods ordered are appropriate for your requirements and that you order product services and training from us where this is recommended. We make no representations or warranties in respect of the suitability of the goods for any purpose other than as described in the website.
8.3 All representations (other than fraudulent misrepresentations), agreements, warranties, terms and conditions (whether express or implied by statute common law or otherwise and liability for negligence or other tortuous acts) are hereby excluded and none of CBRN Solutions UK Ltd, their directors, contractors, employees nor agents shall be liable to you for any losses or damages whatsoever arising out of or in connection with the supply of goods, including but not limited to direct, indirect, incidental, special, consequential and punitive damages, loss of profit and damages from loss of data or business interruption or other loss or damage of whatever kind whether based on warranty, contract, tort or other legal theory, regardless of negligence or awareness of the possibility of such damages on the part of us our liability to you shall be excluded to the fullest extent possible under applicable law.
8.5 It is expressly acknowledged that this limitation of liability clause is deemed reasonable in relation to an agreement between businesses under the provisions of English law and that if you are buying our goods or services as a consumer your statutory rights will not be affected.
Use of our Website
8.6 The website and all of the information and materials on it are provided without representations or warranties of any kind, whether express or implied, including but not limited to:
8.6.1 any implied representations or warranties of non-infringement of third party rights, availability, accessibility and representations or
8.6.2 any warranties that access to or use of this site or information and materials on it will be uninterrupted or error-free, or that this site and the materials contained upon it will be secure or free of viruses or other harmful materials or elements, or that any of the information and materials on this site will be complete, accurate or timely.
8.7 We do not accept any liability for any loss or damage which may arise directly or indirectly from your use of or inability to access this site. Your use of this site and any third party sites linked to or from it is at your sole risk. We do not endorse or approve the contents of any third party sites linked to or from this site and have no responsibility for any such site, or the contents of those sites.
8.8 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence or any other liability that may not be excluded by the laws of the country in which the selling company is located.
8.9 We will not be liable for any failure to perform our obligations under these terms and conditions caused by matters outside our control including industrial action by postal or other transportation workers, which may affect delivery times. In this event we shall endeavour to keep you advised of any delay to the completion of your order but without affecting our liability to you.
9.1 You agree to defend, indemnify and hold harmless. CBRN Solutions UK Ltd, their officers, directors, employees, contractors and agents from and against any damages or losses and any claim by a third party including but not limited to direct, indirect, incidental, special, consequential and punitive damages, loss of profit and damages from loss of data or business interruption or other loss or damage of whatever kind whether based on warranty, contract, tort or other legal theory, regardless of negligence or awareness of the possibility of such damages on the part of us arising out of or relating to your use of the goods and/or services or your access to the website or your violation of the rights of another arising from your breach of these terms and conditions.
9.2 Should we determine that you have breached these terms and conditions we shall not be prevented or restricted by anything in these terms and conditions from pursuing any available legal or other remedies, without limitation.
10.1 Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to the relevant contact address shown on the website and all notices from us to you will be displayed on our website from time to time.
10.2 A person who is not party to this agreement has no right to rely upon or enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
10.3 These terms and conditions (including any other terms and conditions relevant to the laws of the country in which the selling company is situated referred to herein) constitute the entire agreement between us and supersede any prior terms and conditions. You may not in any way amend or vary these terms and conditions.
10.4 If any provision of these terms and conditions is held to be unlawful, void or unenforceable (whether under English law or by any law relevant to the laws of the country in which the selling company is situated then either:
10.4.1 that provision shall be deemed severable from this agreement and any remaining provisions shall remain in full force and effect with no affect on their validity and enforceability; or
10.4.2 we may at our discretion terminate the contract between us by written notice.
10.5 We reserve the right to assign this agreement and to subcontract or assign any of our rights or obligations under this agreement.
10.6 No waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of any such provision or nay other provision.
10.7 These terms and conditions and your use of and access to this site and our goods shall be governed by and construed in accordance with English law and to the non-exclusive jurisdiction of the English courts.
The information we collect and how we use it.
When you register as a Registered Customer place an order or make an enquiry we need to know your name, address, e-mail address and your payment details . We may also need to know information relating to your height, weight and medical history (which may be deemed “Sensitive Personal Data” for the purposes of the Data Protection Act 1998). We gather this information to enable us to process your registration and any orders you make and to ensure that the goods and/or services provided are correct. The relevant information is then used by us and our agents or sub-contractors to provide you with the goods and/or services you have ordered and to communicate with you on any matter relating to the conduct of your account.
We will not disclose your information to any third party except in the following circumstances:
- If this business is sold or integrated with another business, your details may be disclosed to any company or other entity acquiring all or part of the company, but on strict condition that your information will only be used in accordance with the terms of this Policy.
- Where we must disclose your information under a requirement of the law.
- We may also use aggregate statistical information for the purposes of monitoring the use of our website, to help us to develop our services. Such aggregate information may be passed to third parties, but will not include information which allows individuals to be identified in any way.
- We will not otherwise sell, rent or transfer your information to any third party without your consent.
If you have any questions regarding the collection or use of your information through this site, wish to stop receiving communications from us, if any of the information you have provided to us changes, for example your name, e-mail address or payment details, or should you wish to cancel your registration with us, please let us know by email or by post to:
CBRN Solutions UK Ltd
Wilts SP4 6LD
and we will deal with your query promptly.
Updating and Removing Your Details
• “Cookies” are small data files sent by a web server to a web browser in order to enable the server to collect information back from the browser.
• We may also log and use your internet protocol address. This information may be used in conjunction with your personally identifiable information in order to improve our profile of you so that we can provide you with a better and more personal service.
How we protect your information
The Internet is not a secure medium. However, we have put in place various security procedures as set out in this Policy.
We will use all reasonable endeavours to keep your information confidential. We use advanced technology and information management systems to protect the security of information including appropriate technical and organisational measures in order to secure the confidentiality of the personal data, to prevent unauthorised or unlawful processing of personal data, and to protect against accidental or unlawful destruction, accidental loss, alteration, or unauthorised disclosure or access. Our internal procedures cover the storage, access and disclosure of your information.
How You Can Protect Your Information
It remains your responsibility to ensure that you protect against unauthorised access to your account with us. As a Registered Customer you should keep your username password private and ensure that you notify us immediately if you know or suspect that any other person has become aware of your password.
Links to Other Sites
Your Consent and Changes to this Policy