TERMS & CONDITIONS OF SALE
Introduction:
Please read these terms of sale carefully. Xenith Heightstransacts business only subject to the following conditions. No purchaser’s conditions shall override these. All Terms of Contract shall be governed by the Laws of England.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
INTERPRETATION:
In these terms of sale, “we, us, our” means Xenith Heightsand “you” means our customer or potential customer for products (and “your” will be construed accordingly).
ORDER PROCESS:
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
(iv) You will be transferred to the Sage Pay website, and Sage Pay will handle your payment;
(v) We will then send you an initial acknowledgement;
(vi) Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors in the shopping cart. You may correct those input errors before placing your order by editing your chosen product in the shopping cart.
THE PRODUCTS:
(i) Workwear clothing, corporate clothing, Footwear, PPE products, Hi- Visibility products, Uniforms, Hospitality wear, and any other product offered on the web site.
PRICE AND PAYMENT:
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated at check out.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated at check out.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website exclude all value added taxes.
Payment for all products must be made by Sage Pay, PayPal OR any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £25 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
ACCOUNT CUSTOMERS TERMS OF PAYMENT, BANKRUPTCY, LIQUIDATION:
Payment is STRICTLY 30 days from month end invoice date for approved credit account unless otherwise agreed in writing. Late payment may result in credit facilities being withdrawn or suspended.
Interest will be charged at our discretion on all overdue accounts at the rate of 25% per month or part thereof from the due date until payment.
The purchaser agrees to accept a surcharge payable forthwith: , Of £25 if a cheque in settlement or part settlement of an invoice is dishonored for any reason.
Of any expenditure incurred by us if we decide to instruct a third party to attempt to collect on behalf of us any overdue amount owing to it. Also, we shall give to the third party any necessary information about the purchase to enable the sums due to be collected. Should you make any breach of obligation to us or any bankruptcy be led by or against you or be unable to pay debts within the meaning of the insolvency act 1986 we shall have the right forthwith to: Cancel any subsisting contract and stop any outstanding deliveries without remedy to consequential loss through non completion of contract. Enter your premises to recover the goods, or any other goods to the value of the outstanding sum.
YOUR WARRANTIES:
You warrant to us that:
(a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) The information provided in your order is accurate and complete;
(c) You will be able to accept delivery of the products;
(d) You are resident in England or Wales; and
(e) You are at least 18 years of age.
LIMITATIONS AND EXCLUSIONS OF LIABILITY:
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or good will.
GENERAL TERMS:
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescinds, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
INSOLVENCY:
In respect of all unpaid debt due from you, we shall have a general lien on all goods and property in your possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts and have the rights to enter the your premises to recover our property.
PRIVACY AND COOKIES
We are committed to protecting the privacy of all personal information obtained from you during your visits to this website.
This privacy policy explains what personal information we may collect from you and the purposes for which it will be used. By using this website you give your agreement to the data practices described in this policy.
What information do we collect and how do we use it?
The types of information and uses are explained below.
When you register with our site, we may ask whether you would like to be added to our mailing list or to receive future updates from us, so that we can tell you about our services. If you are a registered user, we may use information we collect to offer personalised information when you use the website, notify you of changes to our service, ask your opinions and to help us improve our service to you.
Information that you provide to us
We collect and process information that you provide for specific purposes. This may include demographic information such as your name, email addresses, mailing address and telephone number. We use the information to provide you with the specific information, product or services that you request from us and to communicate with you. If you contact us we may keep a record of that correspondence.
You will be asked to provide information about yourself when you use certain site facilities, including the following:
“Request a Catalogue” – the name and address supplied is used by us to ensure that you receive a hard copy catalogue that you have requested.
“Register Your Account” – when you register your account details, we will create a User Name and associated password that you supply to us. Your name, User Name, password and email address will be stored on our servers. You can change your stored information at any time by logging in or contacting us by telephone, email, or mail.
“Contact us” – you will be asked for contact information if you request a call or more information from us.
Website usage information
We receive and store certain information whenever you interact with us. We collect website usage information from a number of sources:
Our web server.
URLs passed to us when you enter our site.
Some information entered by you on forms on the website.
Internet service providers.
Search engine companies.
IP addresses.
Cookies.
We collect web usage information during your visits to our site including information on the date, time, page viewed or searched for, catalogues ordered, services used, referrals made and other information relating to your browsing activity on our website. Where you are a registered user of our website and have logged in, we may collect web usage information to enable us to build a demographic profile. We may also use web usage information to create statistical data regarding the use of our website. We may then use or disclose that statistical data to others for marketing and strategic development purposes, but no individuals will be identified in such statistical data.
We collect web usage information to help us:
assess the effectiveness of marketing campaigns
develop and deliver services and information that better meet your needs
inform you of events, services and products which we believe to be relevant to you, where you have consented to be contacted for such purposes
IP Addresses
We use IP addresses to analyse trends, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Cookies
Cookies are small files that are often created when you visit a website, and which are stored in the cookie directory of your computer. A cookie often includes an anonymous unique identifier. Cookies do not damage your computer. Each website can send its own cookie to your browser if your browser’s preferences allow it, but to protect your privacy your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. You do not have to accept cookies. You can decide if you want to accept cookies by changing the settings on your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Switching off cookies will still allow you to view the some of the content on our website, although it may restrict your use of our interactive services.
There are two types of cookie. Persistent cookies remain on your computer for a specified time. We use persistent cookies to:
identify that a registered user has returned
collect information for use as described above.
Session-specific cookies are deleted when you leave the website. We use session-specific cookies to:
hold your details when you are logged into the site
collect information for use as described above
Javascript
We use javascript, a simple web scripting language, for interaction with users and to provide a streamlined user experience. We also employ it to collect web usage information for the purposes described above.
Disclosure of information
We may disclose information to government bodies and law enforcement agencies for their enforcement purposes. We may also disclose information provided by you to other third parties where this is necessary for the purposes set out in this privacy policy, and to suppliers that we engage to process your information on our behalf. We will only disclose information about you to others where the law allows. We will not sell, rent or disclose your information to any third parties other than those set out in this privacy policy without your consent. We do not transfer your personal information outside of the European Economic Area.
Linking to other websites
This website may contain links to other third party websites. Anonymous visit or session information may be passed to other websites for the web usage information purposes described above. None of this information can be related to an individual user of the website. The operators of other sites may collect information from you which will be used by them in accordance with their own data protection policy.
This privacy policy applies only to our website. We are not responsible for the privacy practices within any other websites. You should always be aware of this when you leave this website and we encourage you to read the privacy statement on any other website that you visit.
Security
All information you provide to us is stored on secure servers. We use leading technologies and security measures to safeguard your information and keep strict security standards to prevent any unauthorised access to it. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transaction is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Changes to this policy
This privacy policy will change from time to time as we develop the range of services on the website. When this privacy policy changes, we will place an updated version on this page and where appropriate we will give you the opportunity to review the revised privacy policy and ask you to agree to it. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties. You should continue to check the privacy policy before using this site, even if you have visited it in the past. This ensures that you will be aware of any changes.
Your rights
If your use of this site falls under GDPR as a personal user, you have a right to request a copy of any information held about you. If you wish to do this, please contact us, explaining that your interest is to review your personal information. Except where the law obliges us to keep your data, we will ensure that your data is gathered and/or purged from the servers managed by Xenith HeightsLtd or third party service providers. We will need to receive appropriate identification that proves you are the correct person to request the information.