1.1 These Terms and Conditions govern the supply of goods sold by Protective Wear Supplies Ltd of 10 Darklake View, Estover, Plymouth, PL6 7TL (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2.1 The price payable for the goods you order is as set out on our website at the time you place your order.
2.2 On occasion, the prices payable for goods advertised on our website may differ from those prices offered in the then current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
2.3 Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.4 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.5 If you are an account customer, then these terms are not applicable and you should log on to “Corporate Trade Login” where the correct terms are shown under the “About Us” tab.
3.1 Unless you order and collect the goods from one of our trade counters, we will deliver them in accordance with your order. Before placing your order, please refer to the delivery options set out on our website and in our catalogues to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods, you must notify us immediately. You must not wear or use any items delivered until after you have checked all the goods for any defects, missing parts or wrongly delivered products.
3.2 You must do all that you reasonably can to enable delivery to take place at the given time and place. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re- delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.3 Without prejudice to clause 3.2, upon delivery of the goods to you, the goods shall be at your risk.
4.1 While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substitute product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
5.1 You may cancel your order:
a) By emailing firstname.lastname@example.org providing goods have not been already dispatched.
b) When such goods have already been dispatched to you, by returning these in accordance with point 5.2.
5.2 If you wish to return ordered items to ourselves for full refund, the following points must be noted:
a) Goods must be returned to our premises within 21 days of delivery and related costs borne by you.
b) Goods will be subject to 15% handling and re-stock charges unless deemed faulty by our Quality Control department where full refund will therefore be made.
c) Any goods having been customised or specially ordered will not be refunded.
d) Goods must not have been used and should be in original packaging.
6.1 If you have notified us of a problem with the goods within 21 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
6.5 If you are a trade customer and subject to clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
8.1 The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal.
9.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
VAT: All prices exclude current appropriate VAT rate.
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.protectivewearuk.com (website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website. This notice is issued by Protective Wear Supplies (Company).
1.1 You may access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 By accessing any part of this website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this website immediately.
1.3 The company may revise this legal notice at any time by updating this posting. You should check this website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this website.
2.1 You are permitted to print and download extracts from this website for your own use on the following basis:
a. no documents or related graphics on this website are modified in any way;
b. no graphics on this website are used separately from accompanying text; and
c. the company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by the company or its licensors. For the purposes of this legal notice, any use of extracts from this website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts.
2.3 Subject to paragraph 2.1, 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 the company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3.1 While the company endeavours to ensure that this website is normally available 24 hours a day, the company shall not be liable if for any reason it is unavailable at any time or for any period.
3.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the company's control.
4.2 You are prohibited from posting or transmitting to or from this website any material:
a. that is inaccurate, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, likely to deceive any person, in breach of privacy, which may cause annoyance or inconvenience; or give the impression that it emanate from the company, if this is not the case; or
b. for which you have not obtained all necessary licences and/or approvals; or
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
d. which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack. The company will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or any website linked to it.
4.4 By breaching paragraph 4.3, you would commit a criminal offense under the Computer Misuse Act 1990. The company will report any such breach to the relevant law enforcement authorities and the company shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
4.5 The company shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user.
4.6 The company has the right to remove any material or posting you make on the website if, in the company's opinion, such material does not comply with the content standards set out in paragraph 4.2.
5.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. The company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
5.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
a. you do not remove, distort or otherwise alter the size or appearance of PWS logo;
b. you do not create a frame or any other browser or border environment around this website;
c. you do not in any way imply that the company is endorsing any products or services other than its own;
d. you do not misrepresent your relationship with the company nor present any other false information about the company;
e. you do not otherwise use any trade marks displayed on this website without express written permission from the company;
f. you do not link from a website that is not owned by you; and
g. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the company for any loss or damage suffered by the company or any of its group companies for breach of paragraph 5.2.
6.1 Each registration is for a single user only. The company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
6.3 The company has the right to disable any password whether chosen by you or allocated by the company, at anytime, if in the company's opinion you have failed to comply with any of the provisions of this Legal Notice.
7.1 While the company endeavours to ensure that the information on this website is correct, it does not warrant the accuracy and completeness of the material. The company may make changes to the content on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and the company makes no commitment to update such material.
7.2 The material on this website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the company provides you with this website on the basis that the company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this website.
8.1 The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the company, other members of the company's group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even forseeable, provided that this section 8 shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories contained in the paragraph 8.2
8.3 Nothing in this legal notice shall exclude or limit the company's liability for:
a. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
b. fraud; or
c. misrepresentation as to a fundamental matter; or
d. any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
The following email disclaimer applies to all emails transmitted from the domain: protectivewearuk.com.
The information contained within this e-mail, together with any attachments, is confidential and may be privileged. It is intended for the addressee only. If you have received this e-mail in error please inform the sender and delete this e-mail immediately. The contents of this e-mail must not be copied or disclosed without the senders consent. Any views and opinions presented here are solely those of the author and do not necessarily represent those of PWS. Save where this email confirms acceptance of a customer order made with PWS. Unless otherwise expressly agreed in writing, nothing stated in this communication shall be construed as having the effect of forming a binding contract. We make every effort to keep our network free of viruses. However, you should perform your own virus checks before opening any e-mails and attachments, as we cannot accept liability for any viruses which might be transferred by way of this e-mail.