It is important to read and understand these Conditions before placing your order.
By placing your order, you agree to be bound by these Conditions.
1. INFORMATION ABOUT US
www.nets4you.com is a site owned and operated by Nets4You Limited (we, us and our). We are registered in England and Wales under company number 06720900 with our registered office and main trading address at 8 Dalston Gardens, Stanmore, Middlesex, HA7 1BU, United Kingdom.
2. ORDER PROCESS AND CONTRACT FORMATION
2.1 Orders for any of the Goods listed on our site may be placed by you by telephone or via our site. After placing an order, you will normally receive an e-mail from us confirming acceptance of your order, although for orders placed by telephone, your order may be verbally accepted by us at the time that it is placed. Acceptance either verbally or in writing pursuant to this clause 2.1 will constitute confirmation of our acceptance of your order (Confirmation of Acceptance). The contract between us (Contract) will only be formed when you receive our Confirmation of Acceptance.
2.2 The Contract will relate only to those Goods confirmed in our Confirmation of Acceptance. We will not be obliged to supply any other Goods which may have been part of your order until such Goods have been confirmed in a separate Confirmation of Acceptance.
2.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
2.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
2.5 You shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
2.6 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
2.7 We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, Confirmation of Acceptance, specification, invoice or other document or information issued by us, without any liability on our part.
2.8 Information appearing on our site or contained in catalogues, brochures or in any other publicity material is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. Photographs, images and samples of the Goods may not be an accurate representation of the Goods and shall not form the basis of any liability on our part. Any advice or information provided by us either directly or via our site shall be provided without liability to you.
2.9 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
2.10 We reserve the right without prior approval from or notice to you to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or which, in our reasonable opinion, do not materially affect the specification of the Goods.
2.11 All Goods are supplied on condition that you undertake at all times to take notice of and comply with all instructions, statements and recommendations issued with or relating to the Goods (including those which appear on our site under the heading ‘Categories’) and to take all reasonable and prudent precautions as to the installation and use of the Goods. We shall not be liable to you or to any third party for any loss or damage which arises from your improper installation of the Goods, or from your misuse of the Goods.
2.12 All intellectual property rights in relation to the Goods and any associated designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied.
3. CONSUMER RIGHTS
3.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers.
3.2 Under the Consumer Contracts Regulations 2013, if you are contracting with us as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period beginning upon the submission of your order and ending at the end of 14 days after the day on which the Goods are received by you or someone authorised by you to receive them.
3.3 In order to cancel a Contract in accordance with clause 3.2, you must inform us of your decision to cancel in writing before the cancellation period has expired.
3.4 You must send the Goods back to us no later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
3.5 If you cancel a Contract in accordance with clause 3.2, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
3.6 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the full price of the Goods. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.
3.7 You will not have the right to cancel a Contract in accordance with clause 3.2 in respect of any Custom Made Goods, or for any Goods which have been installed prior to cancellation.
3.8 Many of the Goods listed on our site are Custom Made Goods; if you require clarification regarding the nature of the Goods which you wish to purchase, you should contact our customer services team by telephone on 0208 037 0230 or by email at Info@nets4you.com for details before placing your order.
4. AVAILABILITY AND DELIVERY
4.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
4.2 Our delivery charges and estimated delivery times are detailed on the following page of our site: http://www.nets4you.com/delivery-information.html
4.3 The delivery times referred to in clause 4.2 are only quoted as a guide and we will not be liable for any delay in delivering the Goods to you, however caused.
4.4 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
4.5 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. Any subsequent attempt to re-deliver the Goods may be chargeable. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
4.6 Risk of loss or damage to the Goods will pass to you on the date when the Goods are delivered to you or on the date of first attempted delivery by us. Title to the Goods will pass to you at the same time, provided that we have at that time received payment in full for the Goods.
4.7 You should not arrange to install the Goods until the Goods have been received by you and you have checked that there are no defects in the Goods and that all parts are present and complete.
5. PRICE AND PAYMENT
5.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
5.2 All prices are supply only and do not include installation.
5.3 All prices include any applicable VAT.
5.4 Prices are liable to change at any time, but changes will not affect orders for which you have already received a Confirmation of Acceptance.
5.5 Whilst we try to ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.
5.6 We accept payment by Visa, MasterCard and American Express and via PayPal.
5.7 You can enter your payment details at checkout; you can also contact our customer services team by telephone on 0208 037 0230 to place your order.
5.8 As part of the order process, security checks may be applied and your card details, including your address, will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
6. RETURN OF GOODS
6.1 If you are contracting with us as a consumer, clauses 6.2-6.3 summarise your key legal rights in relation to the Goods, which are subject to certain exceptions.
6.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of the Goods you are entitled to the following:
(a) up to 30 days: if the Goods are damaged or faulty, then you can get a refund;
(b) up to six months: if the damaged or faulty Goods cannot be repaired or replaced, then you are entitled to a refund of up to the full amount, in most cases;
(c) up to six years: in the unlikely event that the Goods can be expected to last up to six years you may be entitled to a repair or replacement, or, if the Goods cannot be repaired or replaced, you may be entitled to some of your money back.
6.3 If you wish to exercise your legal rights to reject the Goods you must post them back to us at your own cost. Safety, lifting, hoist and bespoke nets CANNOT be returned unless proven to be faulty as they carry a safety mark issued to the buyer / are designed to your specification - please understand this before purchasing as there are no exceptions.
6.4 Your rights in clauses 6.2-6.3 are in addition to your rights to return the Goods in accordance with clause 3.2.
6.5 If you are contracting with us as a business customer, you have 48 hours following your receipt of the Goods to report any damage to or defect in the Goods by completing the online returns form which is available on our site or by contacting us by telephone on 0208 037 0230 or by email at Info@nets4you.com. The Goods must then be promptly returned to us in their original packaging, complete with any accessories and documentation. Once we have verified the damage to or defect in the Goods, we shall issue a replacement or full refund (including postage) to you via your original payment method. You have an obligation to take reasonable care of the Goods whilst they are in your possession. You must not make any improper use of or make any unauthorised modifications or repairs to the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means. We may refuse to replace or refund any Goods returned to us if we consider that you have failed to take reasonable care of the Goods.
7. OUR LIABILITY
7.1 If you are contracting as a consumer:
(a) any Goods purchased from us through our site will be of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we will only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we will not be liable for any loss if:
(i) any loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any loss was caused by or contributed to by your breach of any of these Conditions; and
(d) we will not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time), however arising.
7.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) we will not be liable to you if any monies due from you to us have not been paid in full;
(c) we will have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production; and
(d) our aggregate liability to you for any loss or damage will be limited to the price of the Goods purchased from us.
7.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
7.4 Nothing in these Conditions will exclude or limit our liability for death or personal injury caused by our negligence, nor for fraud, nor for any other loss or damage for which our liability cannot be lawfully excluded or limited.
8.1 All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
8.2 A waiver by us of any default by you will not constitute a waiver of any subsequent default by you.
8.3 If any of these Conditions or any provisions of the 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.
8.4 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
8.5 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.6 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these 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 Conditions before you receive our Confirmation of Acceptance.
8.7 The Contract will be governed by English law. Any dispute arising from or related to the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.