If you order the wrong product or change your mind, you can return it to us within 14 days this policy only applies to new products. We ask only that you send the products back to us, at your own cost, unused and undamaged in the original packaging. Prior to returning goods a authorisation code is required please contact us via email at email@example.com or call us to arrange a return. We will arrange a credit, exchange or refund (subject to our terms and conditions) following arrival & full inspection of returned goods.
We take great care to ensure our products reach our customers in the best condition possible but in the event that you receive damaged or defective products please notify us immediately on the day of receiving the product via email to firstname.lastname@example.org or call us directly. Following the return of the item, we will arrange a credit, exchange or refund (subject to our terms and conditions).
WEBSITE TERMS & CONDITIONS
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail.
"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the website; "Product Description" means that part of the website where certain terms and conditions in respect of the individual product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Propac Machinery Limited trading at www.propacmachinery.com; "Website" means the website located at www.propacmachinery.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
- The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the Personal Information by contacting us by e-mail.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
We reserve the right to:
Modify or withdraw, temporarily or permanently this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website and/or change the Conditions from time to time. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
Third Party Links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this website, we will ask you to input and will collect Personal Information from you such as your name, your business or company name if applicable, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office.
We use your information only for the following purposes:
- Processing your orders
- For statistical or survey purposes to improve this Website and its services to you
- To serve website content to you
- To administer this website
If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, please ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by contacting us.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled to do so.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Contract Creation & Electronic Contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered.
- Your payment will be deferred and it will be specifically activated by us on the despatch of your order from our warehouse. A further email will be sent on despatch to confirm the estimated delivery of your order and include a formal VAT invoice.
- Our formal VAT invoice will be attached to your order.
- Order acceptance and the completion of the contract between you and us will take place on the activation of your payment as detailed above.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns policy.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:
- Goods made to your specification
- Please see our Returns policy for further details.
Time for Completing Contract
Any estimated time for despatch or delivery (whether given before, at the same time as or after the contract is made) is given in good faith and whilst every endeavour will be made to adhere to it, it is an estimate given in good faith only not involving any contractual obligations on our part.
We may despatch or deliver and the customer shall accept and pay for goods forming part only of an order.
All reasonable endeavours will be made by us to carry out our obligations to the customer but if we are prevented or delayed (in any case whether directly or indirectly) from carrying out any of our obligations as a result of circumstances beyond our reasonable control we shall be under no liability whatsoever to the customer and shall be entitled at our option either to cancel the contract in whole or in part as we may consider appropriate or to extend the time for carrying out our obligations for a period or periods which we shall reasonably consider necessary in the circumstances (such extension of time being subject to the provisions of the condition directly above).
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance With Law
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Except to the extent that such exclusion is prohibited by statute, all conditions, warranties and representations in every case whether express or implied and whether statutory or otherwise are excluded including (without limitation) the following:
(i) That goods are suitable or fit for any particular purpose (whether or not that purpose is known to us)
(ii) That goods are of merchantable quality.
(i) as set out above in this paragraph ; and
(ii) in those cases where the exclusion or restriction of liability is absolutely prohibited by statute we shall not be under any liability, however it arises (including without limitation liability arising from our negligence or that of any person for whom we are liable) in respect of or in connection with
(iii) any defect in the goods which should reasonably have been discovered by the customer on inspection upon receipt or (in the case of machinery) upon testing prior to use by the customer, or
(iv) any loss, injury or damage in every case whether direct or indirect including without limitation any loss of profit or other consequential loss of any description.
(v) any loss, injury or damage arising from the use with the machine supplied by us of shrink film or other materials other than those recommended by us for use with the particular machine or the use of shrink film or other material supplied by us with the machine unless that shrink film or those materials have been recommended by us for use with that particular machine.
We shall not be liable for any loss, damage or claim in every case whether direct, indirect or consequential arising in whole or in part from any of:
(i) wear and tear
(ii) the incorrect or bad storage, installation, operation, adjustment or alignment of goods, or
(iii) goods being improperly or not serviced or (in the case of machinery supplied by us) being maintained by anyone other than us; or
(iv) the customer failing to comply with any of its obligations under these conditions , or
(v) our selection of the carrier by whom goods are to be delivered.
(vi) machinery not being suitable for packs and/or film not being supplied for pack testing by us.
Our liability in connection with any defect in or failure of any goods supplied is limited to making good by replacement or repair without charge (other than travelling and other related expenses) defects and/or failures which under proper use and storage appear in the goods and which are notified to us in writing
(i) in the case of shrink films, bubble wrap, strapping consumables, within 7days, and
(ii) in the case of any other goods within six months after the goods have been first despatched by us to the customer and which arise solely from faulty materials and workmanship and then only if the goods concerned are promptly returned to us (carriage paid and insured by the customer) for examination and are found by us on inspection to have such defect or failure.
Where we are not the manufacturers of the goods supplied any information about or description of the goods has been provided by the manufacturer/supplier to us our liability to the customer in connection with such matters is limited to the same extent and amounts as the liability of the manufacturer/supplier to us.
Our liability in respect of any claim or any group of claims arising from the same circumstances (whether they are claim(s) for negligence or otherwise) shall not exceed £50,000.
Health & Safety at Work & Use of Goods
The customer’s attention is drawn to:
(i) our Statement to Customers with regard to Health and Safety at Work in relation to the use of shrink film, film generally, bubble wrap, band strapping, consumables.
(ii) guidance given in instruction manual(s) for the use of machinery.
The customer shall take all necessary or desirable precautions to ensure the healthy and safe use of all goods supplied by us. However the information given in (i) and (ii) above is not exhaustive and of necessity is prepared for general guidance. Customers are requested to raise with us any specific enquiries with regard to such matters before making use of the goods.
Machinery should be supplied to us on the basis that it complies with Health and Safety requirements applicable in the country of manufacture. We are, however, reliant upon the manufacturer/supplier in this respect and will, at the customer’s request, pursue whatever remedies we may have for the customer’s benefit against the manufacturer/supplier for any non-compliance with Health and Safety requirements applicable in the country of manufacture and, other than this, we shall have no responsibility to the customer for any breach or non-compliance with Health and Safety requirements.
If the customer requires any additional safety equipment to be fitted to machinery, provided that the customer’s local factory inspector or the Health and Safety Executive have first approved such additional equipment then we may (but are not obliged to) fit such additional safety at the cost of the customer.
The customer shall store and use the goods in accordance with directions and instructions given by us and in particular (but without limitation) shrink films must be stored at all times in accordance with the directions on their outer packaging and/or our other directions as these goods may shrink if they are not stored in accordance with those directions.
Goods Lost or Damaged In Transit
Where we are to arrange delivery of the goods to the customer’s place of business the customer shall notify us in writing of any non-delivery of the goods within 14 days after the estimated date of despatch. If the customer’s failure to notify us in writing within the said 14 day period causes any claim to be refused by the carrier of the goods, the entire loss must be borne by the customer.
The customer shall inspect the goods immediately upon delivery. In the case of damage or short delivery the customer must (for the protection of the customer and ourselves and in order to comply with the carrier’s regulations):
(i) Put a written note on the delivery note giving brief details of the damage or short delivery
(ii) Notify in writing separately both ourselves and the delivering station of the carriers not later than the day following delivery giving full details of the damage or short delivery.
If we so request machinery shall be inspected jointly by the customer and ourselves at the place and time of delivery of the machinery to the customer.
We can insure the product for delivery whilst in transit up until the product is removed from the transport provided. After that point any damages and insurance cover are the customer's responsibility.
Delivery and Installation
Unless the contrary is expressly stated in our quotation or acknowledgement of order the customer is responsible for the following (and whether or not we are to deliver goods to the customer):
(i) The adequacy of access or and the unloading of goods from the delivery vehicle and moving them into the customer’s premises
(ii) The preparation of the site, foundation for the machine, positioning, installation and use of the machine
(iii) The provision of handling equipment, labour and access etc
(iv) The provision and connection of appropriate and safe electricity and other supplies and services to the machine
(v) The training of the customer’s personnel
We shall not be responsible for any of the above items and if for any of the above items are not sufficiently met on the customers part and the product cannot be installed for any reason a charge for redelivery charge will be applied.
Where we are to deliver the goods we shall only be required to deliver to the address stated in the Acknowledgement of Order.
If our quotation or acknowledgement of order expressly states that training is included
(i) Our obligation with regard to training is limited to assisting the customer’s one skilled technician to use the machine after the customer has confirmed that the customer has connected the machine to the electricity and other appropriate supplies and services; and
(ii) Our obligation to provide assistance is limited to the number of man hours stated and we shall not be obliged to provide any further or other assistance
(iii) We shall not be obliged to commence assistance unless materials for use with the machinery are those recommended or supplied by us
(iv) The machinery shall be at all times under the customer’s charge and control, but notwithstanding the foregoing, the customer shall make the machine and all the other necessary materials and personnel available to us as we shall require for the purpose of providing our assistance
(v) All materials used during the provision of assistance shall be at the customer’s cost.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.