Website Terms and Conditions of Sale (the "Conditions")
These Conditions (together with the documents referred to within them) set out the terms and conditions on which we offer to supply to you any of the products advertised for sale on our website www.linx-av.com (the "Products"). Please read these Conditions carefully before ordering any Products. By ordering any of the Products, you agree to be bound by these Conditions.
Please click on the button marked "I Accept" at the end of these Conditions if you accept them. If you refuse to accept these Conditions, you will not be able to order any Products from our Website. Please print off or store on your computer a copy of these Conditions for future reference.
References in these Conditions to "you" and "your" are to you, the customer accessing the Website and purchasing the Products. References in these conditions to "we", "us" and "our" are to Micro Peripherals Ltd.
1 Information about us
The www.linx-av.com website (our "Website") is operated by Micro Peripherals Ltd. We are a company registered in England and Wales under company number 01511931. Our registered office is situated at Shorten Brook Way, Altham Business Park, Altham, Accrington BB5 5YJ which is also our main trading address. Our VAT number is GB864438791.
2 Use of our website
2.1 Please note that access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control. We may without notice modify and/or discontinue operation of all or portions of this Website at any time. We will not be liable for any losses that you may suffer if this Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason.
2.2 By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party.s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition.
3 Website content
3.1 Micro Peripherals Ltd and its employees, contractors and agents have exercised considerable care in the design, production and presentation of this Website and in the inclusion and provision of the information on it. However we make no representation or warranty as to the accuracy or completeness of such information and all materials posted on the Website are provided "as is" and without express warranties implied or otherwise. To the maximum extent permitted by law we hereby exclude and disclaim all terms, conditions and warranties express or implied statutory or otherwise, collateral or otherwise as to the accuracy or completeness of such information.
3.2 In particular, the Website may not at all times include up to date information or may contain occasional errors or inaccuracies. We endeavour to ensure that such deficiencies are minimised and as such, we cannot be responsible for inaccuracies, errors, omissions or misleading information contained in the Website.
4 Purchase of goods
4.1 In order to purchase goods from this Website, customers must first register for an account with us.
4.2 Customers using the Website shall take all reasonable steps to ensure that the passwords used to gain access to the protected areas of the Website, which are only available to registered users, are only given to nominated individuals within their organisation who are authorised to enter contracts on behalf of the company and that the passwords shall be kept confidential by those individuals and not passed on to other non-authorised individuals. Customers using the Website shall be responsible for all orders placed using the passwords assigned to their organisation. Micro Peripherals Ltd shall not be liable for any misuse of passwords issued to or issued by the customer.
4.3 The information and detail set out on this Website do not constitute an offer for sale. Orders for Products submitted by you by clicking the submit button on the .Buy Now. page shall constitute an offer from you to buy the Products. All orders are subject to acceptance by us and no offer shall be accepted or be deemed to be accepted unless and until we communicate acceptance to you or deliver the Products at the place of delivery, whichever is the earlier. Once an offer has been accepted, it shall be irrevocable to the same extent as an order placed by non-online means. To the maximum extent permitted by law, all statutory or other legal requirements as to the formation regulation and performance of contracts by electronic means are waived.
4.4 All orders are subject to the terms and conditions of sale of Micro Peripherals Ltd which can be accessed by clicking on the .Terms and Conditions of Sale. link at the top of this page. In the case of conflict between these Conditions and the terms and conditions of sale, the latter shall prevail.
5 Third party websites
5.1 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We take no responsibility for the content of external websites. Other websites that we link to are owned and operated by third parties and we have no control over them. The fact that we include links to other websites does not mean we endorse any of the content of any third party website. We accept no liability for any statements, information, products or services that are published on or accessible through any websites owned or operated by third parties.
5.2 We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our Website, will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6 Price and payment
6.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
6.2 Prices on our Website exclude VAT and delivery costs, which will be added to the total amount due as set out on our Website.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already accepted.
6.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Delta, Solo, Electron, Maestro. We will charge the credit or debit card at the time that you make your order. Should we not have a Product available for dispatch at the time of taking your payment, your payment will be regarded as a pre-payment.
7 Our liability
7.1 Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, Micro Peripherals Ltd does not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out in the Website.
7.2 We accept no liability whatsoever for any loss or damage arising from the inclusion or provision of any information or data or material contained in this Website or the use thereof, or for any information or material placed on or linked to the Website without consent, or in any way arising out of or in connection with the Website.
7.3 We accept no liability for any 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 or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4 Nothing in this clause shall limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.5 For the purpose of any exclusion or limitation of liability set out above, all references to "Micro Peripherals Ltd" (including .we., .us. and .our.) shall include all companies in the group of companies of which Micro Peripherals Ltd is a member.
8 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9 Notices and complaints
All notices given by you to us (including any complaints that you may have) should be sent to Micro Peripherals Ltd:
By e-mail to: email@example.com, or
By post to: Mirco Peripherals Ltd, Shorten Brook Way, Altham Business Park, Altham, Accrington BB5 5YJ.
9.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 8.
9.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two 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.
10 Transfer of rights and obligations
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of the contract between you and us, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the contract between you and us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Micro Peripherals Ltd.
11 Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a .Force Majeure Event.).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; 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; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
12 Links to this Website
Links to this Website are welcome provided that they have been notified to and approved by Micro Peripherals Ltd in advance.
13 Copyright in our Website
13.1 The copyright and other intellectual property rights subsisting in the content on our Website is owned by us and our licensors and we expressly reserve all rights in the same. You may print and download extracts from the content of our Website for your own non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
13.2 All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
14.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these Conditions or any provisions of a contract between you and us 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.
16 Entire agreement
16.2 You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.
16.3 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
17 Our right to vary these Conditions
17.1 We have the right to revise and amend these Conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products 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 we accept your order (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18 Law and jurisdiction
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.