Business to Consumer terms & conditions
By placing an order with Janitorial Supplies, you are accepting our terms and conditions. Janitorial Supplies is a trading name of eCrown Ltd. Your existing statutory rights are not affected by these conditions. Terms & Conditions updated June 2015
Nothing in these terms and conditions affects Your rights as a consumer under the laws of England and Wales
The following terms and conditions set out how We will provide the Goods to You, along with the rights and obligations of the parties to the Contract. Please read these terms and conditions carefully before ordering any Goods from Our Website. You should understand that by ordering any of Our Goods You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1.1 In these terms and conditions the following capitalised words shall have the following meanings:
Cancellation Period seven (7) working days commencing on the first full working day after the day on which You receive Our delivery of Your order.
Contract any contract between You and Us for the provision of Products, incorporating these terms and conditions.
Goods any of the goods that We list for supply on Our Website which form the basis of the Contract.
Our Website www.janitorialsupplies.co.uk.
We, Us, Our Janitorial Supplies
You, Your the individual consumer who purchases the goods and whose use of the Goods is for personal purposes only and not for use in connection with any trade, business or profession.
1.2 No other terms and conditions will apply to this Contract.
1.3 Any quotation or estimate is given subject to these terms and conditions.
1.4 These terms and conditions apply to all Goods We provide to individual consumers. Nothing in these terms and conditions excludes or limits Our liability for fraudulent misrepresentation.
2. Availability of Goods
2.1 Our Website is only intended for use by people resident in the UK. We do not accept orders from people resident outside the UK. You agree that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old;
2.1.3 You are resident in the UK; and
2.1.4 You are accessing Our Website in the UK.
3. How the Contract is formed between You and Us
3.1 The Goods listed on Our Website should not be regarded as a contractual offer made by Us to You. You must place an order to purchase Goods with Us on Our Website and You must ensure that the terms of Your order are complete and accurate. Your order has not been accepted by Us until We send You a written acceptance of Your order confirming the availability of the Goods You have ordered.
3.2 When ordering on Our Website You are offering to purchase Goods in accordance with these terms and conditions. We will acknowledge receipt of Your order by e-mail or in a printable page of Our Website without delay but this does not mean We have accepted Your order. The Contract between Us and You will only come into existence when You receive Our written acceptance of Your order confirming the availability of the Goods You have ordered.
3.3 We may amend or modify any information on Our Website including these terms and conditions at any time. If You continue to use Our Website after such amendment or modification You may only do so on the terms that You acknowledge that it is Your responsibility to ascertain whether any such amendments or modifications have been made regardless of whether You have actually reviewed and expressly agreed to such amendment or modification. Continued use of this Website by You will constitute Your acceptance of any amendment or modification.
3.4 Any quotation or estimate made by Us is only valid for thirty (30) days and is subject to these terms and conditions.
4.1 All advertising that We issue including but not limited to advertising on Our Website or hard copy publications are issued or published for the sole purpose of giving You an approximate idea of the Goods. They do not form part of the Contract.
4.2 Accordingly, You should check any information or details You wish to rely upon with Us at the time of purchase. We accept no liability in respect of any errors or omissions in Our advertising or for any loss or damage You may incur from relying upon Our advertising.
5. Price and Payment Terms
5.1 The price of any Goods will be as quoted on Our Website from time to time, except in cases of obvious error.
5.2 These prices are subject to VAT where applicable and exclude delivery costs, which are as set out on Our Website from time to time.
5.3 Prices are liable to change at any time, but changes will not affect orders where We have sent You a written acceptance of Your order.
5.4 Our Website contains a large number of Goods and it is always possible that, despite Our best efforts, some of the Goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where the correct price of the Goods is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the correct price of the Goods is higher than the price stated on Our Website, We will normally, at Our discretion, either contact You for instructions before dispatching the Goods, or reject Your order and notify You of such rejection.
5.5 We are under no obligation to provide the goods to You at the incorrect (lower) price, even after We have sent You a written acceptance of Your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
5.6 Payment for all Goods must be made in full by credit or debit card. We accept payment with Corporate Amex, Private Amex, Corporate Mastercard, Private Mastercard, Corporate Visa, Private Visa, Visa Delta, Visa Electron, Solo or Maestro. We will not charge Your credit or debit card until We despatch Your order.
5.7 No payment shall be deemed to have been received until We have received cleared funds.
5.8 In the event of a payment by credit or debit card which is subsequently rejected, We shall be entitled to charge You interest on the amount unpaid at the rate of 3% above the base rate of HSBC Bank plc until payment is made in full and You will indemnify Us in respect of all costs We incur in recovering payment including the cost of instructing solicitors.
6. Availability and Delivery
6.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Our export department.
6.2 Unless otherwise agreed delivery of the Goods shall take place at Your address.
6.3 Your order will be fulfilled by the delivery date set out in Our written acceptance of Your Order or, if no delivery date is specified, then within 30 days of the date of Our written acceptance of Your order, unless there are exceptional circumstances.
6.4 Claims for shortages or damaged goods must be made in writing to Janitorial Supplies within 24 hours of receipt of the goods. Claims for damages – Purchaser is advised to check quality before signing for the goods.
6.4.1 Any goods signed for in good condition, that the Purchaser claims are damaged will be receptacle to a replacement on Janitorial Supplies discretion or a voucher will issued to compensate the purchaser to use on the next shopping experience. Goods signed for in good condition are not liable for claims with couriers.
6.5 Claims for non-delivery must be made to Us within 7 days of the delivery date set out in Our written acceptance of Your order or, if no delivery date is specified, then within 10 days following the 30 day limit stated in condition 6.3 above.
7. Risk and title
7.1 The Goods will be at Your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to You when We receive full payment in cleared funds of all sums due in respect of all orders You have placed for Goods, including delivery charges.
7.3 Without prejudice to any other right or remedy available to Us, if You are in breach of the payment terms We shall be entitled to:
7.3.1 cancel the Contract;
7.3.2 suspend any further deliveries; or
7.3.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action but, for the avoidance of doubt We shall inform You in writing before taking any or all of the three courses of action detailed in this condition 7.3.
8. Distance Selling Regulations
8.1 We are obliged by law to provide You, prior to the date of acceptance of Your order by Us, with certain information in relation to the Contract and Your rights under it.
8.2 This information appears throughout these terms and conditions, on Our Website and in the paperwork We send to You.
9. Right to Cancel
9.1 You have the right to cancel this Contract for any reason before the expiry of the Cancellation Period and to be refunded for any price You have paid within 30 days of You providing the notification set out in condition 9.2.
9.2 If You wish to cancel the Contract within the Cancellation Period, You must notify Us of this fact in writing and send a notification to Us by electronic mail or first class post.
9.3 If You wish to cancel the Contract after the Cancellation Period has expired You must do so by providing Us with at least 7 days' written notice and We may, at Our option, charge a cancellation fee to cover Our administrative costs. The amount of the cancellation fee will be as set out on Our Website from time to time.
10. Our Refunds Policy
10.1 When You return the Goods to Us:
10.1.1 because You have cancelled the Contract between Us within the Cancellation Period, We will process the refund due to You as soon as possible and, in any case, within 30 days of the day You have given a Cancellation Notice in accordance with condition 9.2. In this case, We will refund the price of the Goods in full, including the cost of delivery. However, You will be responsible for the cost of returning the item to Us; or
10.1.2 for any other reason (for instance, because You have notified Us in accordance with condition 21 that You do not agree to a change in these terms and conditions or in any of Our policies, or because You claim that the Goods are defective), We will examine the returned Goods and We will notify You of whether, in Our reasonable opinion, a refund is payable via e-mail within a reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective Goods. Goods returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.
10.2 For the purpose of condition 10.1.2, You shall return any Goods You reasonably consider to be defective to Us within a reasonable period of time.
10.3 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
10.4 food packaging is non-returnable or refundable if the packaging has been opened, this is for hygiene and safety reasons and no goods can be sold if they have been tampered with.
11. Our Liability
11.1 We warrant to You that any Goods purchased from Us through Our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Goods You purchased and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.
11.3 This does not include or limit in any way Our liability:
11.3.1 for death or personal injury caused by Our negligence;
11.3.2 under section 2(3) of the Consumer Protection Act 1987;
11.3.3 for fraud or fraudulent misrepresentation; or
11.3.4 for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.4.1 loss of income or revenue;
11.4.2 loss of business;
11.4.3 loss of profits or contracts;
11.4.4 loss of anticipated savings
11.4.5 loss of data; or
11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition 11.4 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of condition 11.1 or condition 11.2 or any other claims for direct financial loss that are not excluded by any of conditions 11.4.1 to 11.4.6 inclusive of this condition 11.4.
12. Safety and Product Recalls
12.1 You shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the Goods concerning their storage and use and We shall refer Our employees and customers to such instructions and guidelines.
12.2 You should be satisfied that the persons responsible for the storage and use of any Goods We supply have all the information required on health and safety and We shall not be liable to You in any civil proceedings brought by You against Us in respect of a breach of the user instructions or any applicable health and safety legislation or regulations, orders or directions made under such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
12.3 The information We supply to You with the Goods will necessarily be of a technical nature and if You are in any doubt about the interpretation of this information You should contact Your nearest Arco centre. Details are available on Our Website. For the avoidance of doubt this does not absolve You of Your responsibilities under condition 12.2.
12.4 You shall keep Us properly informed of all complaints concerning the Goods and shall comply with Our directions in any issues, proceedings or negotiations relating to such complaint.
12.5 In the event of any recall of the Goods by Us, You shall co-operate fully and promptly with any steps We take under condition 12.6 below.
12.6 We may, at Our discretion, recall any Goods We have already sold to You (whether for a refund or credit or for replacement of the Goods which shall in each case be undertaken by Us), and/or issue any written or other notification about the matter of use of any Goods We have already sold to You.
13. Data Protection and Passwords
13.1 We will at all times comply with Our obligations under the Data Protection Act 1998.
13.2 It is Your responsibility to keep any user details and passwords that enable You to access certain pages of Our Website confidential. We shall not be liable for any loss or damage arising from Your failure to protect the confidentiality of such user details and passwords.
14. Written communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your rights as a consumer under the laws of England and Wales.
All notices given by You to Us must be given to Arco at PO Box 21, Waverley Street, Hull, HU1 2SJ or [e-mail address]. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The Contract between You and Us is binding on You and Us and on Our respective successors and assignors.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside Our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
18.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with condition 15.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You a written acceptance of Your order (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Goods).
22. Law and jurisdiction
Contracts for the purchase of Goods through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.janitorialsupplies.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Janitorial Supplies(Company).
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor Material and Conduct
4.2 You are prohibited from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. Links to and from other Websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of Arco logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that the Company is endorsing any products or services other than its own;
you do not misrepresent your relationship with the Company nor present any other false information about the Company;
you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.