Terms and Conditions
Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44(0)7474870870.
Application
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are NANOSAFE LTD a company registered in England and Wales under company registration number 11796651 and VAT registration number 321 9120 40, whose registered office is at 17 GREEN LANES, LONDON, County (Optional), N16 9BS and whose trading address is 1 DOUGLAS HOUSE, THE AVENUE, Kent, BR3 5DJ with email address info@nanosafe.co.uk; telephone number 07445695886; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft
or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Website means our website www.nanosanitas.co.uk on which the Goods are advertised.
Goods
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We retain and use all information strictly under the Privacy Policy.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The
price of the Goods and any additional delivery or other charges is
that set out on the Website at the date of the Order or such other
price as we may agree in writing.
- Product prices and delivey charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgment.
- If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Product provided to you.
- Prices and charges include VAT at the rate applicable at the time of the Order. Payment for a Product must be by credit or debit card at the time of order. We accept payment with all major credit cards except American Express. Payments are also accepted and processed by Paypal.
Delivery
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In
any case, regardless of events beyond our control, if we do not
deliver the Goods on time, you can (in addition to any other
remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as well as the shipping cost as we will not pay them. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns and Cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This
is a distance
contract (as defined below) which has the cancellation rights (Cancellation
Rights) set out below. These Cancellation Rights, however, do not apply, to
a contract for the following goods (with no others) in the following
circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also,
the Cancellation Rights for a Contract cease to be available in the
following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.nanosanitas.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If
we have not offered to collect the Goods, we will make the
reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at NANOSAFE LTD, UNIT K04, 1 Croydon Rd, Beckenham , BR3 4AA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For
the purposes of these Cancellation Rights, these words have the
following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon
delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In
the event of any failure by a party because of something beyond its
reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://eshop.nanosanitas.com/privacy-policy) and cookies policy (https://eshop.nanosanitas.com/enable-cookies).
- For
the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where
you supply Personal Data to us so we can provide Goods to you, and
we Process that Personal Data in the course of providing the Goods
to you, we will comply with our obligations imposed by the Data
Protection Laws:
- we will only Process Personal Data for the purposes identified
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact DIRECTOR at the following e-mail address: mt@nanosafe.co.uk.
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: “If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.”.
Attribution
- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
- Our
Right To Vary These Terms And Conditions;
- We have the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the time of the Contract between you and us, unless any change to these Terms is required to be made by law or governmental authority or if we notify you of any change to these Terms before we send you the Order Acknowledgment (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 14 days of receipt by you of the Product.
Intellectual Property
68. The content of our Site, including graphics, data, information, text, images, design, logos, links, software and source code are protected by copyright, trademarks, database and other intellectual property rights. All rights, including copyright, in the content the pages of the website are owned and controlled by us. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, broadcast, download, store (in any medium), show, play in public, adapt, change in any way or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
Trade Marks
69. The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks belonging to us, suppliers, manufacturers and partners of the owner. Nothing contained on this Site should be construed as granting any licence or right to use any trade mark without our prior written permission.
External Links
70. External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content provided thereon is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Site without our express prior written permission. Please contact us if you would like to link to this Site or would like to request a link to your website.
Accessing the Site
71. We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
Our Liability
- Any
Product we supply is only for domestic and private use. We will not
accept your order if we think you may resell the Product. However,
if you do use the Product for any commercial, business or re-sale
purpose, subject to clause no.62, we will not be liable for losses
that result from our failure to comply with these Terms that fall
into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or waste of management or office time.
- Subject to clauses 62 and 72, we will not be liable for non-delivery, late delivery, any lost Product or any loss arising from such non-delivery, late delivery or lost delivery where it is due to inaccurate or incomplete information supplied by you, such as not providing your name or your full address details in your order.
- Nothing
in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability including where you are a consumer, for breach of your legal rights in relation to the Product, including the right to receive a Product which is: as described and matches information we provided to you; of satisfactory quality and fit for any purpose made known to us.
- Model cancellation Form
To :
NANOSAFE LTD
Mr : MEHMET TANTURK (DIRECTOR)
ADDRESS :1
DOUGLAS HOUSE, THE AVENUE, Kent
POSTCODE : BR3 5DJ
EMAIL : info@nanosafe.co.uk
MOBILE : 07445695886
We[*]
hereby give notice that We [*] cancel my/our [*] contract of sale of
the following goods [*] [for the supply of the following service [*],
Ordered on [*]/received on [*]______________________(date
received)
Name of consumer(s):
Address of
consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date