TERMS OF USE OF WEBSITE
This website is owned and operated by the PMS International Group Plc and will be referred to as “The Group”, "we", "our" and "us" in these terms and conditions. Your access to and use of all information on this website is provided subject to the following terms and conditions of use.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Privacy
1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with the General Data Protection Regulations is set out in our separate Privacy Policy which may also be accessed from our home page.
Jurisdiction
3. These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts.
4. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Site Access
5. When you visit our website, we give you a limited licence to access and use our information for personal or business use.
6. You are permitted to download a copy of the information on this website to your computer for your personal or business use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content must not in any other way infringe our intellectual property rights.
7. Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
8. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
9. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
10. You do not need to ask permission to link to our Site. However, any page or file must be called with its URL displayed. We reserve the right to withdraw linking permission without notice. Links to our Site must be in a fair and legal manner and must not damage our reputation or take advantage of it or infer any form of association endorsement or sponsorship by PMS International Group Plc.
Intellectual Property Rights
11. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
12. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Disclaimers
13. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
14. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
15. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
16. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
17. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
18. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
Indemnity
19. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Registered Users (additional Terms and Conditions)
20. Your access to and use of all information on this website including any purchase of our products is provided subject to our general terms and conditions of use and on placing an order also subject to our terms and conditions of sale.
21. In order to access certain sections of this website, you must apply to become a registered user. You must complete a registration request by providing certain information as set out on our registration page. Please refer to our Privacy Policy also linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
22. Registration requests will only be processed for Trade Customers ONLY.
23. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
24. We are not required to give reasons for rejecting a registration request.
25. For successful registrations, we will provide you with a password and email address/Account No.
26. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Accounts Passwords and Security
27. Certain features or services offered on or through our site may require you to open a B2B account and set up a Password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorised use of your account or password of any other breach of security.
Violation of these Terms of Use
28. We may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property or the rights or property of visitors to or users of the site.
Products Sold Through Our Website
29. All prices are in Great British Pounds (GBP) and are exclusive of VAT. We endeavour to ensure that our prices are current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
30. All orders are subject to our Terms and Conditions of Sale and in the event of any discrepancy between these terms and conditions and our Terms Of Conditions of Sale then the Terms and Conditions of Sale will take precedence. A copy of our Terms and Conditions of Sale can be found here or on our home page.
Product Descriptions
31. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
32. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in neither true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
33. We endeavour to ensure that our products are currently available however we give no undertaking as to the availability of any product advertised on our website.
34. Minimum order values will usually apply and will then usually be carriage free. However we reserve the right to levy delivery charges in certain circumstances. Any such charges will be notified at the time of placing an order or otherwise before despatch.
35. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
36. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
37. Delivery of your ordered products will be as set out on the relevant ordering pages of our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
38. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
39. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for relevant amount debited.
Product Returns
40. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
41. If we are unable at the time of return to replace or exchange returned goods, we undertake to issue a credit note or reimburse your credit card for the amount initially debited for the purchase including any packaging and postage charges.
Force Majeure
42. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Updated 16/05/2018