Dust Masks Terms and Conditions
www.dustmasksdirect.co.uk Consumer Terms & Conditions.
Business users see “Business Terms & Conditions”
Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Farmchem.co.uk makes items available to you.
1. Descriptions, prices and product information
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.farmchem.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact us on the email address or telephone number given in the contact us section of www.dustmasksdirect.co.uk.
Every effort is made to ensure that prices shown for the items are correct when the item is added onto the site.
If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our Refund Policy in section 7 below.
The price of an item does not include the delivery charge, which will depend on the configuration of your order. The rate applicable for the delivery charge will be calculated at the date you place your order. For more information on delivery arrangements see our Delivery Information page.
We try to ensure that we always stock the full product range. If an item is out of stock we will hold your order for 72 hours before contacting you about the likely availability of an item. If you order by phone you will be told if the item is in stock, or out of stock. If for any other reason, beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
3. Bulk buy policy
To ensure availability of all our products, customers may be limited to a maximum number of items.
4. Payment and acceptance
If you buy an item on the phone or online you will be charged for an item at the time you place your order. After this time, you cannot amend or cancel your order (but please see our cancellation policy in section 6 below).
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us. At any point up until then, we may decline to supply an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our Refund Policy in section 7 below.
Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is despatched.
Delivery will be made to the address specified when you complete the order. Please note, we only deliver to addresses on the UK mainland. Deliveries to other parts of the UK and international locations are possible by prior arrangement, with costs being notified in advance.
Our standard delivery is a 2 – 5 day service (excluding weekends and bank holidays), however, we will try to despatch your order from our warehouse on the same day you place it.
Whilst we make every effort to deliver all your items within 30 days of the date of your order, we shall not be liable if we fail to do so in part or in full, due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an item to you within that time.
We always aim to deliver our orders on time. Unfortunately there can be occasions where an unavoidable situation will mean this cannot happen and we will always endeavour to call you to let you know if there is a problem. Ownership of an item will not pass to you until we have delivered it, either directly or by leaving it in a safe place or with a neighbour - see below. Once an item is delivered, risk of damage to, or loss of the item, passes to you.
All items are delivered to the address specified in the order between 7am and 8pm, Mondays to Fridays only. Our couriers will attempt to deliver the package to you at your door, however, if you are out and want your parcel left in a specific location please use our delivery instructions on the checkout page. Our couriers will make every effort to ensure that your parcel is left in a safe and secure place and a card will be left indicating where the parcel can be found. If we were unable to deliver your order for any reason, please contact the number on the card to rearrange delivery.
6. Cancellation of order
If you order using the www.dustmasksdirect.co.uk site, you have the right to cancel your order up to 28 days following the receipt of an item by contacting us. Please see our returns policy for more information.
Once you have placed your order on the www.dustmasksdirect.co.uk site, we cannot amend or cancel your order before dispatch. If you decide that you do not want an entire order before it is delivered, you can refuse the delivery without opening any of the packaging so that the item(s) are returned to us and we will refund in accordance with our Refund Policy in section 7 below. The delivery driver will not be able to take back opened packages at this stage. Alternatively, if you have already taken delivery or opened the packaging, please follow the procedure under ‘Non-faulty’ items in section 8 below.
7. Refund policy
If you are entitled to a refund, we will refund you as follows:
If you paid by payment card, we will refund you on the payment card.
We will refund the delivery charge in full if you return all items of your order at the same time. If you choose to keep some items, we will retain the delivery charge.
If your original order benefited from promotions or special discounts, we will recalculate the total of your revised order after your refund. If your revised order no longer reaches the promotion/discount spend threshold or means that you are no longer entitled to the promotional offer, the cost of your revised order may increase. Any difference will be deducted from the refund and you may not therefore receive the full price of the item in your refund.
8. Returns instructions
We hope that you will be happy with your purchase but should you wish to return or exchange an item please contact us for further instructions as to how to return product to us.
8.1. Non-faulty items
Please let us know if you wish to return an item within 28 days of receipt by contacting us using the contact details given in the contact us section of www.dustmasksdirect.co.uk.
You are required to take reasonable care of items and items must return in their same physical state. Please return an item in its original and undamaged packaging with all of its components. If an item is returned undamaged in its original and undamaged packaging, we will offer you a refund in accordance with our Refund Policy in section 7 above.
If you do return the item as instructed, we may make a charge in respect of the cost of recovering (or attempting to recover) the item.
If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order at the price then set out on the www.dustmasksdirect.co.uk site. This does not affect your statutory rights.
8.2 Faulty items
If you have any problems with your purchase, please contact us using the details given in the contact us section of www.farmchem.co.uk.
If a fault is caused by accident, misuse or negligence, you will not be entitled to a replacement or refund.
Nothing in this section affects your statutory rights.
If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizens Advice Bureau.
You can pay by, Mastercard, Visa credit card, Maestro, Solo or Delta debit card and Paypal. We unfortunately cannot accept any other type of card, e.g. Visa Electron.
Your credit/debit card details will not be stored by www.farmchem.co.uk to minimise the possibility of unauthorised access or disclosure.
Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone if you have not given us an email address).
10. Our responsibility to you
If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for both business and personal use and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
This paragraph 10 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or personal injury.
Our liability to you in connection with any order will not exceed the total price charged for the items.
You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.
We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
Business Terms & Conditions (SEE ABOVE FOR CONSUMER T'S & C'S)
'Buyer' means the person who buys or offers to buy the Goods from the Seller.
'Seller' means AFS Supplies Ltd, Unit 4C, Stephenson Way, Thetford, Norfolk, IP24 3RH.
'Terms and Conditions' means the terms and conditions of sale set out in this document to the exclusion of all other terms and conditions whether made orally or in writing;
'Delivery Date' means the date specified by the Seller when the goods are to be delivered;
'Goods' means the articles or services which the Buyer offers to buy from the Seller;
'Price' means the price for the goods excluding carriage, packaging, insurance, VAT and any customs charges;
'Writing' and any similar expression includes but is not limited to facsimile transmission and electronic mail;
All quotations given and orders accepted by the Seller are subject to these Terms and Conditions. No terms of sale, conditions, representations or warranties whether express or implied are binding upon the Seller or its Subsidiary or Associated Companies unless expressly contained herein or authorised in Writing by the Seller.
Conditions specified in a Buyer’s order, specification, forms, or letters shall not amend these standard Terms and Conditions unless expressly consented thereto in writing by the Seller.
These Terms and Conditions do not affect the Buyer’s statutory rights as a consumer.
The Goods advertised on the Seller’s web site is not an offer of sale but an invitation to treat.
Upon the Buyer placing an order for Goods on the Seller’s web site and the Seller accepting such an order by e-mail and dispatching the Goods a contract is entered into between the parties.
Prior to acceptance of the Buyer’s order, the Seller shall, at its discretion, request evidence in writing of the Buyer’s qualifications to handle and use Controlled Products.
All quotations or estimates given by the Seller are subject to the approval of the Buyer’s references if required by the Seller.
The Seller may cancel an order at any time before the Goods are delivered by giving notice in writing to the Buyer. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the price of the Goods.
The Seller may cancel an order or contract, in whole or in part, upon any breach, non-observance or non-performance by the Buyer of any condition contained herein (stipulation as to time of payment being regarded as of the essence of the contract), or upon the Buyer committing an act of bankruptcy or entering into a scheme of arrangement with their creditors or being a company, entering into liquidation (whether voluntary or compulsory) and the Buyer shall be liable to the Seller for any loss or damage caused to the Seller by such cancellation. No contract may be cancelled without the Seller’s consent in writing.
4 Price and Payment
The Price shall be that on the Seller’s current list price, web site, or if applicable the Price contained in the Seller’s quotation.
The Price of the Goods may be increased at any time by the Seller upon giving notice in writing to the Buyer provided that such notice is received before delivery.
If the Buyer considers any such increase unreasonable, he may (within 7 days of receipt of the Seller’s notice of the increase in the Price) cancel his order by giving notice in writing to the Seller provided that delivery of the Goods has not taken place and the Buyer has not accepted the Goods.
The total purchase Price plus VAT and UK carriage charges will be displayed in the Buyer’s shopping cart on the Seller’s web site prior to the Buyer confirming the order.
Carriage charges for overseas delivery of Goods purchased via the Seller’s web site at www.farmchem.co.uk may differ from those charges displayed in the Buyer’s shopping cart on the Seller’s web site and the higher will apply. VAT or its equivalent will be charged at the applicable rate.
Payment for Goods is due from the Buyer and shall be made by the Buyer at the time of the Buyer placing their order on the Seller’s web site unless the Buyer is purchasing on account.
In the event that the Buyer is purchasing the Goods from the Seller on account these terms and conditions apply in conjunction with the Seller’s terms and conditions of payment detailed in the Seller’s current catalogue as may be varied from time to time.
In the event that payment for Goods is not made by the Buyer at the time of placing their order on the Seller’s web site (and the Buyer is not purchasing on account in accordance with these terms and conditions), the Seller shall not be obliged to process the Buyer’s order and/or deliver the Goods until payment has been made.
Time of payment shall be the essence of the contract and any failure to pay shall entitle the Seller at its option to treat the contract as repudiated or to delay delivery until payment is made in full.
The Seller shall be entitled to suspend further deliveries under this and/or any other contract which the Seller may have with the Buyer if full payment is not made by the Buyer, and if such payment or any part thereof (including interest) shall remain in arrears for 7 days after a written demand from the Seller, the Seller has the right to cancel this and/or any such Contract, and in either case without prejudice to any other right the Seller may have.
If the Buyer’s account becomes overdue all sums payable to the Seller under any other contract subsisting between the Seller and the Buyer shall become immediately due and payable notwithstanding the terms for payment stipulated in such other Contract.
The Seller shall have the right, after notice in Writing, to suspend deliveries under this and/or any other contract with the Buyer without giving rise to any claim whatsoever by the Buyer (even though the Buyer is not in arrears with any payment) where the Seller considers the amount owing from the Buyer (whether actually due for payment or not) is the limit to which the Seller is prepared to allow credit.
The Seller shall have the right, after giving notice in Writing, to suspend deliveries under this and/or any other contract with the Buyer without giving rise to any claim whatsoever by the Buyer even though the Buyer is not in arrears with any payment.
If the Buyer’s account is overdue for payment, the Seller shall be entitled (without prejudice to it’s rights to recover any amount due from the Buyer or to any other right) to charge the Buyer interest at the rate of 4% over Nat West Bank’s Base Rate from time to time on any amount due.
5 Suitability Clause
All goods supplied are manufactured to the Seller’s usual standard of quality but all conditions and warranties, statutory or otherwise, as to the quality or fitness for purpose of the Goods are excluded and no liability (save as to the liability to replace defective Goods as hereinafter provided) will be accepted by the Seller for any damage, loss or injury whatsoever arising out of or in connection with the Goods or drums or other containers thereof or from the storage, handling, application or use thereof.
In the case of alleged defects in manufacture of the Goods proved by the Buyer to the satisfaction of the Seller, the Seller will at its cost replace or otherwise remedy the defective goods. In particular liability in tort arising in or out of the manufacture distribution, sale or use of the product is hereby expressly excluded.
6 Reservation of Title
Property in the Goods supplied by the Seller shall remain with the Seller until all monies owed to the Seller by the Buyer have been paid in full.
Until such time the Buyer must bear all risks and insure the goods against loss or damage and store the Goods in such a way as to enable them to be clearly identified as the Seller’s property.
7 Carriage and Delivery
Deliveries shall be deemed to be effected and the risk in the Goods shall pass to the Buyer as follows:-
In all cases where the Goods are to be delivered to an address whether or not in the U.K or F.O.B U.K Port:-
Where delivery is made in drums or other containers, when the drums or other containers have been removed at such address from the vehicle transporting them or, as the case may be have been delivered over ship’s rail at the port of shipment;
Where delivery is made by road or rail, tanker or from storage tanks, when the Goods have passed from the road or rail tanker’s flexible hose, or from the storage tanks filling line.
In all cases where the goods are to be collected by the Buyer or anyone acting on its behalf:-
Where delivery is mad e from storage tanks when the goods have passed from the filling line;
Where delivery is made in drums or other containers when the drums or other containers have been placed on the vehicle collecting them.
In all cases where goods are to be delivered C.I.F or C & F port of destination, Delivery of the Goods shall be deemed to be effected and the risk shall pass to the Buyer when the Goods have been delivered over ship’s rail at port of shipment.
8 Damage or Loss
All claims for damage to or partial loss of Goods in transit must be submitted in writing to the carrier and Seller or Seller’s agents within three days of Delivery of the Goods in the case of the U.K deliveries and within seven days of Delivery of the Goods in the case of deliveries outside the U.K.
All claims for non-delivery of the whole of any consignment or any separate package forming part of a consignment must be submitted in writing to the carrier and the Seller or the Seller’s agents within the following periods after receipt by the Buyers or the Buyers’ agents of the Sellers’ invoice or advice notes, whichever is the earlier:-
For deliveries destined for the U.K, within fourteen days;
For deliveries destined for outside the U.K, within twenty one days or such longer period as may be agreed in writing by the parties.
In the absence of notification of claims within the times mentioned above, the Goods shall be deemed to have been delivered in accordance with contracts.
The Personal Protective Equipment (“PPE”) illustrations are for illustration purposes only and the use of the PPE to that which is illustrated.
For full requirements on PPE for use with the Goods, the Buyer should refer to the product label and safety data sheet and take into account the circumstances of use. The Seller’s illustrations should in no way replace any part of a customer’s COSHH assessment and the Seller will not be responsible for any loss or damage arising from the customer’s reliance upon, and sole use of, the PPE illustrated in the Seller’s catalogue and on the Seller’s web site
9 Unforeseen Circumstances and Force Majeure
Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
In the event of war, regulations of any Government, strikes, combinations of workmen, lockouts, fire, flood, breakdown of machinery, works closure, accidents, force majeure or any other cause resulting directly or indirectly in partial or complete stoppage of work or works or interfering with the means of production or transit of either raw or finished materials then Delivery of the Goods sold or execution or work contracted to be performed or in the course of performance may be wholly or partially suspended by the Seller who shall be entitled to be paid forthwith by the Buyer for all work done and materials supplied up to the time of suspension or abandonment of the work.
10 Delivery Dates
Dates and/or times quoted by the Seller are estimates only and time shall not be of the essence of a Contract in this respect. Delay in Delivery of the Goods shall not render the Seller liable for any claim for damages either direct or indirect from whatsoever cause arising nor shall it entitle the Buyer to cancel an order or Contract.
11 Intellectual Property
The Seller warrants that the manufacture of the Goods covered herein do not infringe any intellectual property rights of the country of manufacture. The Seller does not warrant that the importation or use of the Goods in any other country is free of any infringement of any intellectual property rights of the importing country.
The Seller and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information contained in the documents and related graphics published on the Seller’s web site or in the Seller’s catalogue or any of the products of whatever nature details of which appear on the Seller’s web site or in the Seller’s catalogue.
All such documents and related graphics are provided, and any such products (where ordered) are accepted by the Buyer “as is” and without warranty of any kind.
The information contained on the Seller’s web site or in the Seller’s catalogue may contain technical inaccuracies or typographical errors. All liability of the Seller howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
The Seller operates some processes which are manual and therefore errors can arise. The Seller carries out frequent checks to detect any errors. However, if they do occur the Seller will act within a reasonable time to minimise inconvenience and disappointment that may be caused to the Buyer.
Despite the Seller’s best efforts, the security of information and Buyer payments transmitted via the Seller’s web site cannot be guaranteed. Any losses incurred or sustained by any Buyer who transmits information by means of email or other internet links shall be borne solely and exclusively by the Buyer and in no event shall any such losses in whole or part be the responsibility of the Seller.
Brand names, product names and titles used on the Seller’s web site or in the Seller’s catalogue may be trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above by the Buyer, and such use may constitute an infringement of the holder’s rights, except where specifically permitted.
Orders placed via the Seller’s web site at www.farmchem.co.uk for delivery overseas will be dealt with in a consistent way to orders received via other media or communication and the Buyer will be informed by telephone, fax or e-mail of any freight and other export charges applicable from time to time that may be incurred by them.
The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for payment of any duties on them.
When ordering Goods from the Seller for delivery overseas the Buyer may be subject to import duties and taxes, which are levied once the product has reached its destination. The Buyer shall be responsible for any such charges. The Buyer should contact their own local customs office for details about charges which may vary from country to country. The Seller has no control over these charges and cannot predict what they may be.
14 Collection and Use of Personal Information About Customers
The information the Seller received assists in the order processing, Delivery, payment processing and the general maintenance of the Buyer’s account. The Seller may also use this information to communicate promotional offers, products and services to the Buyer.
The Seller does not share Buyer information with any third party.
This contract is not assignable without the written consent of the Seller.
16 Proper Law of Contract
These Terms and Conditions and any Contract between the Buyer and the Seller shall be governed by and be construed in accordance with the Laws of England and the Buyer and the Seller agree to submit to the exclusive jurisdiction of the English Courts. illustrations should not be relied upon by the Buyer.