Eclipse Lasers Limited - Terms and Conditions of Sale
1. 1.1 This Website is owned by Eclipse Lasers Limited (refered to in this document as "we" and "us"), a company located in England, our head office is at 61 Kenilworth Road, Bognor Regis, West Sussex, PO21 5NF.
2. 1.2 Upon purchase you will be registered with us as a business customer and these are the Terms and Conditions of sale that apply to transactions between you and us.
3. 1.3 By purchasing any products (the "Product(s)") and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
2. Purchase of Products
1. 2.1 The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
2. 2.2 We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 5 days of such email whether we have accepted your order and at the same time (if we have accepted your order) we will notify you of expected delivery dates.
3. 2.3 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you within 14 days of acceptance of your order and give you the choice of:
3. 2.3a cancelling the order and receiving a full refund or
3. 2.3b purchasing an alternative product ("Alternative Product").
If payment has been taken for the Product and you have cancelled the order we will issue a refund within 7~10 days of receiving notification of cancellation of the order. If you choose to purchase an Alternative Product these Terms will apply; If payment has been taken for the cancelled order we will refund to you any overpayment or take payment for any underpayment.
4. 2.4 In the event a Product is listed at an incorrect price due to an error, we will notify you within 14 days of accepting your order of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order.
If you confirm you want to purchase the Product at the corrected price we will deliver the Product to you as per original agreement. If payment has been taken for the Product and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund within 7~10 days of such return or issue a notice of cancellation (where no Product has been sent out).
5. 2.5 Product described as Second hand has been "Factory Reconditioned" to the Manufacturers original specification but may be subject to cosmetic defect, which will not affect performance of the product. By agreeing to purchase Second hand product you accept the nature of the defects inherent in such Product.
1. 3.1 The Products will only be delivered to the same address as your payment card is registered,· we reserve the Right not to make deliveries outside the United Kingdom.
2. 3.2 Orders accepted by us before 5.00pm on a working day will be processed that day and we will use reasonable endeavors to meet the requested delivery specified on the Website provided no additional security checks are required and the requested Product is available. (A working day is any day other than weekends and bank or other public holidays).
3. 3.3 Risk in the Products passes to you when the Products are signed for at the delivery address specified when you order. We accept no responsibility for any damage or loss to the Products after risk passes.
4. 3.4 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5. 3.5 We will inform you as soon as possible after acceptance if we are unable to deliver the Products to you on the date specified by us and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any financial losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
6. 3.6 If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:
1. store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage and···· postage;
2. sell the Products at the best readily obtainable price and (after deducting all reasonable storage and selling expenses)· account to
you for any proceeds received.
4. Right to Cancel an Order
1. 4.1 You have the right to cancel the contract under the Distance Selling Regulations at any time up to 5 working days after you receive the Products by notifying us by email to the email address provided.
2. 4.2 If you cancel the contract under 4.1 after the Products have been delivered to you, you must return the Products to us at the address shown within the 'Returns' section of the client area on our Website at your own cost and risk. If you cancel the contract before the Products have been delivered to you and then you receive the Products after cancellation you must not unpack them from their packaging but must immediately send them back to us. In any event you must return the Products to us within 5 working days of notifying us of cancellation under 4.1, or if later, of receiving them. If you do not we shall charge you a sum not exceeding the direct costs of recovering the Products.
3. 4.3 Until you return the Products to us you must keep them in your possession and take reasonable steps to ensure they are not damaged. Provided that we receive the Products within the specified period in the same condition they were in when delivered to you then we will refund you for the Products in question within 7~10 days of the receipt by us of the Products.
4. 4.4 Item not required - You cannot cancel a contract for consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.
1. 5.1 The Products are at your risk from the time of delivery. Eclipse Lasers Limited cannot accept any liability due to misuse or miss-handling of the product.
2. 5.2 Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
1. the Products; and
2. all other sums which are or which become due to us.
3. 5.3 We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
4. 5.4 Until ownership of the Products has passed to you, you must:
1. store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
2. not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks
6. Loan Machines
1. 6.1 If your machine fails under normal warranty we will arrange collection and deliver a loan machine for use during the duration of any necessary repairs.
1. 6.2 Your right to possession of any loan Products shall terminate immediately if:
1. you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
3. you encumber or in any way change any of the Products.
1. 6.4 You grant to us, our agents and employees an irrevocable license at any time to enter any premises where the loan Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.
7. Defective Goods and Warranty
1. 7.1 All products (excluding Second Hand goods) come with a 12 month guarantee as specified in the relevant product specification on the website. In the case of a fault, Eclipse Lasers Limited will offer to repair, replace or refund the cost of an item within a 12 month period. If a repair or replacement is necessary under warranty we will provide you with a loan machine free of charge whilst repair is undertaken. If a fault occurs outside of this 12 month period, we can contact the manufacturer on your behalf and arrange a quotation for any necessary repair work. You will be liable for all incurred postage charges.
2. 7.2 Wherever possible, Second Hand, previously used or owned goods ("Used Goods") will be highlighted as being such on our website at the time you place your order. All Used Goods supplied by us hold a warranty of 90 days. The warranty starts on the date of delivery. If Used Goods develop a defect during the 90 day warranty period, you should follow the Returns procedure accessible from Your Client area on our Website.
3. 7.3 The warranties in clauses 7.1 and 7.2 above do not apply to any defect in the Products arising from your negligence, damage caused by you, accident, use otherwise than in accordance with its intended use, failure to follow manufacturers or our instructions or any alteration or repair carried our without our written approval.
4. 7.4 If the Products are damaged on delivery, incomplete or not what you ordered, you must notify us via email or the Client Area of the Website straight away and in any event within 48 hours of delivery. We will arrange collection for returning the Products to us within 5 days of such notification by following our online returns procedure specified in our Client area on our Website. At our option we will repair or replace the Product(s) or refund its cost to you and reimburse your reasonable returns cost up to a maximum amount of £30. You should keep your postage receipt.
5. 7.5 Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the Product until full payment has been received by us for the return transport costs.
6. 7.6 Any Products that you return to us are returned at your own risk, therefore we strongly advise all customers to take reasonable care when returning any Products to us by ensuring the Products are correctly addressed, adequately packed and carried by a reputable carrier.
7. 7.7 If you opt to exchange the Products, any additional payments required will be taken form you using the same payment method as for the original purchase made by you. Replacement Products will not be dispatched until such payment has been received.
8. Prices and Payment
1. 8.1 The prices for the Products and delivery are available on enquiry. Consumables have their prices displayed on our Website and will incur a postage charge.
2. 8.2 If you agree to purchase you must pay for any Products ordered by you within 30 days of date of invoice. Time for payment is of the essence. If you do not pay on time we may (without prejudice to our other rights and remedies) cancel the order and return any money paid in way of deposit.
3. 8.3 If you fail to pay us any sum due pursuant to the contract, you shall be liable to pay interest to us on such sum from the due date for payment interest at the rate set out under the Late Payment of Commercial Debts (Interest) Act 1998
4. 8.4 Payments may also be made by credit or debit card, by BACS transfer or by cheque and we shall not dispatch any Products until we receive cleared funds.
5. 8.5 If you pay as set out in clause 8.4, your payment will be processed by a secure connection at the time you place your order on the relevant section of the selected payment gateway Website.
9. Limitation of our liability
1. 9.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
2. 9.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property or persons, including but not limited to loss of data or computer virus infection, . We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
3. 9.3 In respect of any breach of clauses 6.1 and 6.2 , 6.1 our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website, to (at our option):
1. repairing or replacing the Products; or
2. refunding the amount paid by you in respect of the Products purchased.
4. 9.4 Subject to clause 8.3 and 8.5 our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms and Conditions.
5. 9.5 We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss.
6. 9.6 Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
1. personal injury and death caused by our negligence;
2. fraud; or
3. any liability under the Consumer Protection Act 1987.
7. 9.7 Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
1. 10.1 Product images are for illustrative purposes only and may differ from the actual product.
1. 11.1 Our secure payment providers encrypt all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of their Websites.
12. Complaints Procedure
1. 12.1 We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us (Eclipse Lasers Limited) at the address below. Eclipse Lasers Limited aim to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
14. Extended Warranties
1.14.1 Extended warranty is available on your laser, the option must be taken within 30 days of expiry on your standard warranty
1.14.2 If extended warranty is renewed after standard warranty expires, but within the 30 days of expiry carriage is NOT covered for 30 days after renewal.
1.14.3 If extended warranty is renewed before standard warranty expires, carriage is covered as normal.
15. Entire Agreement
1. 15.1 These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
1. 16.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
17. Third Party Rights
1. 17.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
18. Force Majeure
1. 18.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
1. 19.1 We may vary these Terms and Conditions in relation to future sales from time to time by publishing new Terms and Conditions on the Website.
20. Law and Jurisdiction
1. 20.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21. Contact Details
Eclipse Lasers Limited
61 Kenilworth Road
Tel: 0779 500 1486