Terms & Conditions
Standard Terms and Conditions of Sale
Effective from: January 2018
IMPORTANT: Please read these general terms and conditions of sale ("the Terms") carefully as they together with your order confirmation constitute the contract (the "Contract") between PUR3 Ltd ("us"/"we"/"our") and you ("you"/"your"/"yourself") for the sale of the goods you purchase on espruino.com (including shop.espruino.com) (the "Site").
By placing an order you confirm that you have read, understood and agree to these Terms in their entirety. Please check that the details on your order are complete and accurate before you commit yourself to this Contract. Please ensure that you have read and understood these Terms before you submit your order, because you will be bound by these Terms once a contract comes into existence between us in accordance with Clause 1.3. If you do not agree with these Terms, you must not place an order for any goods. In these Terms, "Goods" means the goods which we supply to you in accordance with these Terms.
We reserve the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in payment methods or changes in relevant laws and regulatory requirements. You will be subject to the Terms in force at the time that you order the Goods from us.
Information about us.
The Site is owned and operated by PUR3 Ltd. We are registered in England and Wales under company number 05705058 and with our registered office at 11 High Street, Culham, OX14 4NB.
1.1 You may place an order by visiting our online shop on the Site either after logging into or creating your personal account or after choosing to check out as a guest and following the process for submitting an order as set out on the Site and clicking the appropriate confirmation button.
1.2 By placing an order request, you make us an offer to purchase the Goods you have selected in accordance with these Terms. We may or may not accept your order request at our sole discretion.
1.3 These Terms will become binding on you and us when we email you written confirmation of your order. The order confirmation is our notification to you that we have accepted your order request and that your payment has been authorised. If we cannot accept your order because, for example, the Goods you have selected are not available or because your payment has not been authorised we will attempt to contact you by email in order to resolve any outstanding issues.
1.4 Whilst we make every effort to supply you with the Goods listed on the order confirmation, there may be occasions where we are unable to supply these Goods because, for example, (i) such Goods are no longer being manufactured or available; or (ii) we are unable to source relevant components; or (iii) there was a pricing error in our catalogue or on the Site. In such circumstances we will contact you to inform you of any issues preventing us from confirming your order request and may suggest alternative Goods that you might wish to purchase. If you do not wish to accept our suggestions then we will cancel your order in relation to those Goods we cannot supply and repay you any money that you may have paid to us in respect of those Goods as soon as reasonably possible. Repayment of such monies will be the extent of our liability.
2.1 The price of the Goods will be as set out in the order confirmation we provide to you. While we make every endeavour to maintain our prices at their present low level we reserve the right to change our prices without prior notice (including, in particular, in the event of exchange rate variations). Price changes will not affect any orders that we have already confirmed to you in writing. Prices for Goods are displayed in £ sterling, exclusive of VAT unless otherwise stated. We also accept payments made in Euro or US Dollars (where stated on the website).
2.2 All prices are exclusive of VAT unless otherwise indicated on the Site. VAT is payable by you at the applicable rate. If you make a purchase from outside of the EU you will not be eligible for the payment of VAT but may be subject to an analogous sales tax under the laws of the country from which you make your purchase.
2.3 Postage and packing costs are not included in the prices quoted for the Goods but are quoted for separately prior to us confirming your order request.
2.4 If there is a pricing error on our Site we are under no obligation to provide the Goods to you at the incorrect price (even if we have sent you an order confirmation). However we will endeavour to contact you to inform you of the pricing error so that you can confirm whether you wish to proceed with ordering the Goods at the correct price. If you do not wish to proceed, you have the right to cancel the Goods affected by the pricing error. We will cancel those lines from your order and return any prepaid monies to you as soon as reasonably practicable.
2.5 Payment for all Goods must be by through PayPal, or any alternative method of payment which may be displayed on the Site from time to time.
3.1 When you purchase Goods on the Site, payment in full must be made at the time of completing the online ordering process. Failure to do so will result in the order being cancelled.
4.1 Our Delivery Information page here sets out the terms relating to despatch and delivery of the Goods.
5.1 If there are shortages or damages to the Goods you receive which have occurred whilst in transit, or there is any other error with your order (such as you have received the wrong product), you must notify us using the online form here within 30 days of receipt of your delivery (the "Inspection Period"), giving us full details of any such shortages, damages or errors with the Goods or your order. You must promptly return any damaged Goods or Goods received in error to us together with all packaging. Where we accept that there has been damage in transit, a shortage or an error in the Goods despatched, we shall reimburse you for the postage costs incurred in returning such Goods and shall make up any shortfall, error or damage to your order free of charge as soon as reasonably possible. After the Inspection Period has expired, you will be deemed to have accepted the Goods and any attempt to return the Goods after this time pursuant to this Clause 5.1 will be rejected by us.
5.2 If during the Inspection Period, the Goods are found to be defective, you must inform us within the Inspection Period of such defect using the online form here. You must promptly return any damaged Goods or Goods received in error to us together with all packaging. Where we accept that the Goods are faulty we shall reimburse you for the postage costs incurred and will in consultation with you: replace the Goods; or repair the Goods; or provide you with a full refund for those defective Goods.
5.3 The remedies set out in this Clause 5 are your sole and exclusive remedies against us in respect of any claims arising out of, or in connection with this Clause 5. Any claims that the Goods are defective after the Inspection Period has expired will be dealt with in accordance with Clause 9 (Guarantee).
5.4 All Goods should be returned to PUR3 Ltd, 11 High Street, Culham, Abingdon, United Kingdom OX14 4NB.
5.5 In all cases where the Goods are returned, they must be securely packed within an outer carton, quote the delivery note number and best endeavours must be made to return Goods in their original packaging.
6 ORDER CANCELLATION
6.1 If you purchase Goods from us via our website and you are a UK/EU consumer, you are able to cancel your order with us for any reason or no reason at all within 14 days following receipt of your Goods by providing us with notice in writing. Your rights of cancellation will not apply where you have (i) purchased software from us which is sealed and unused and the seal to that software has now been broken; or (ii) you have used or have successfully downloaded the content of that software; or (iii) the Goods have been customised for you by us at your request. Your rights of cancellation are in addition to your other rights of cancellation set out in these Terms. Goods should be returned to us as soon as reasonably practicable but in no event later than 14 days after your notification to us that you wish to cancel your order. Goods should be returned with proof of posting and you are responsible for payment of postage costs to return the product. The original postage costs, if any were charged, will be refunded. Goods should be returned to us undamaged and in their original packaging.
6.2 If you purchase Goods from us acting in the course of business the above rights of cancellation do not apply to you. In this event and subject to your other rights of cancellation set out in these Terms, cancellation of your order or the return of any Goods (which are not subject to Clauses 5.1 and 5.2 above) may only be accepted after prior agreement with us.
7 COPYRIGHTS AND PATENTS
7.1 Products offered on the Site may be the subject of patents, copyright, design, trademark or other intellectual property rights. We make no representation or warranty as to whether your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such intellectual property rights. Without limiting the generality of this statement, we do not grant nor purport to grant to you any licence, permission or authority in respect of such rights and you acknowledge and agree to satisfy yourself in respect of such matters. We accept no liability for infringement of any such rights.
7.2 Reproduction in part or whole of the Site without our prior written consent is strictly prohibited.
8.1 Unless otherwise specified and subject to Clauses 8.2 and 8.3, we warrant that the Goods will be free from material defects in design, materials or workmanship for a period of twelve (12) months from the date of despatch of the Goods (the "Guarantee Period").
8.2 The guarantee in Clause 8.1 (the “Guarantee”) is given provided that:
8.2.1 we are promptly notified in writing upon discovery by you that the Goods are defective due to faulty materials or workmanship;
8.2.2 any defects in the Goods are found within the Guarantee Period and are returned to us suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) together with details of the nature of the defect; and
8.2.3 examination by us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in Clause 8.3.1 below.
8.3 We are not liable under the Guarantee:
8.3.1 for any defect arising from:
18.104.22.168 fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without our approval;
22.214.171.124 any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
126.96.36.199 any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
188.8.131.52 any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.
8.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with your order for the Goods.
8.5 Software programs are supplied by PUR3 Ltd on the strict understanding that we and the licensor/supplier of the software do not guarantee the contents of the software to be free from errors, bugs or omissions.
8.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at our option for any Goods returned within the Guarantee Period.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms shall limit our liability in respect of:
9.1.1 death or personal injury caused by our own negligence.
9.1.2 breach of our obligations under section 12 of the Sale of Goods Act 1979;
9.1.3 defective products under the Consumer Protection Act 1987;
9.1.4 fraud or fraudulent misrepresentation; or
9.1.5 for any other liability which cannot be excluded or limited by law.
9.2 Subject to Clause 9.1, under no circumstances shall the total aggregate liability of us (howsoever arising) to you under or in relation to the Contract, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise exceed the price paid by you for the Goods.
9.3 Under no circumstances shall we be liable to you for any of the following types of loss arising under or in relation to the Contract (whether arising from breach of contract, misrepresentation (whether tortuous or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise, any loss of profits, business, contracts, anticipated savings, goodwill or revenue, any wasted expenditure, or any loss or corruption of data, property or equipment (regardless of whether any of these types of loss or damage are direct, indirect or consequential) or any indirect or consequential loss or damage whatsoever even if we were aware of the possibility that such loss or damage might be incurred by you.
9.4 Subject to Clause 9.1 above and as otherwise expressly provided in these Terms, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular we make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that you have relied upon your own skill and judgement in selecting the Goods.
10 COMMERCIAL TOLERANCES
10.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
11 DATA PROTECTION AND CUSTOMER INFORMATION
12.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated on the Site, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability. The information contained on the Site is correct to the best of our knowledge at the time of going to press. All images are used for illustration purposes only.
12.2 Nothing in these Term affects the statutory rights of a consumer under (including but not limited to) the Consumer Protection (Distance Selling) Regulations 2000 or the Consumer Rights Act 2015 as amended from time to time.
12.3 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
12.4 We shall not be liable to you for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
12.5 These Terms, including the policies linked from paragraphs 5.1 and 11.1 and the order confirmation are the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to these Terms except in respect of any fraudulent misrepresentation made by either party.
12.6 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.
12.7 While every effort is made to ensure health and safety information is available, we may be limited to the extent of information we can supply with the Goods depending on what is available from our suppliers. If you require further information on any health and safety information regarding the Goods then please contact us.
12.8 These Terms shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute (including non-contractual disputes or claims) arising out of or in connection with it.
12.9 Offensive Weapons Act 1996 – where the law requires a minimum age for the purchase of certain goods, the customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
12.10 Any party who is not a party to the Contract shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
12.11 All notices sent by you must be sent to PUR3 Ltd, 11 High Street, Culham, Abingdon, OX14 4NB, United Kingdom. Notice must be in writing and shall be deemed received and properly served 24 hours after an e-mail is sent or three days after the day of posting of any letter. In proving the service of a notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
12.12 All headings in these Terms are for ease of use and shall not affect the construction of any contract between the parties.
12.13 Any advice or recommendation given to a customer purchasing Goods in the course of business as to the storage, application or use of the Goods is followed or acted upon entirely at their own risk.