Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to
you, you must
read these terms and conditions to make sure that they contain all that you want and nothing that
you are not happy
with. If you are not sure about anything, just phone us on 0333 772 9211.
Application
1. These Terms and Conditions apply to the purchase of goods by you (the Customer or you) from A1
Remote
Diagnostics Ltd a company registered in England and Wales under company number 12824631. Our
registered
office is Unit 58, Floor 1, Norwich Livestock Market, Hall Road, Norwich, Norfolk, NR4 6EQ. You can
contact us by
email at info@a1remote.co.uk or by telephone on 0333 772 9211 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree
to be bound by
these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to
these Terms
and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you
will not be able
to complete your Order. You can only purchase the Goods from the Website if you are eligible to
enter into a
contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their
trade, business,
craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be
supplied, as set
out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be
addressed
personally to the recipient, enables the recipient to store the information in a way accessible for
future
reference for a period that is long enough for the purposes of the information, and allows the
unchanged
reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and
description as set
out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the
step by step
process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal
information
received from you via the Website;
10. Website means our website www.a1remote.co.uk on which the Goods are advertised.
Goods
11. The description of the Goods is as set out on the Website, catalogues, brochures or other form
of
advertisement. Any description is for illustrative purposes only and there may be small
discrepancies in the size
and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to
ensure that any
information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or
safety
requirement. We will notify you of these changes.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid
post and you
expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the
Goods. When an
order has been submitted on the Website, we can reject it for any reason, although we will try to
tell you the
reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors
before
submitting the Order. It is your responsibility to check that you have used the ordering process
correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us
confirming the
Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate
and inform
us immediately of any errors. We are not responsible for any inaccuracies in the order placed by
you. By placing
an Order, you agree to us giving you confirmation of the Contract by means of an email with all
information in it
(ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after
making the
Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly
withdraw it at an
earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be
made after it
has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a
Consumer. If this is
not the case, you must tell us, so that we can provide you with a different contract with terms
which are more
appropriate for you and which might, in some respects, be better for you, eg by giving you rights
as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the
Website at the date of
the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take
payment
immediately or otherwise before delivery of the Goods.
Delivery
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or,
failing any
agreement, without undue delay and, in any event, not more than 30 days after the day on which the
Contract is
entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time,
you can (in addition
to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account
all the relevant
circumstances at the time the Contract was made, or you said to us before the Contract was made
that
delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate
to the
circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return
all payments made
under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented
from cancelling the
Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in
addition to other
remedies) without delay return all payments made under the Contract for any such cancelled or
rejected Goods.
If the Goods have been delivered, you must return them to us or allow us to collect them from you
and we will
pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would
materially impair
the value of the goods or the character of the unit) you cannot cancel or reject the Order for some
of those
Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland,
the Isle of Man
and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need
to pay import
duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other
genuine and fair
reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the
Delivery Location, we
may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer
collection. You must, if
reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or
a step occurs
towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use
the Goods
still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to
change your mind
and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation
Rights) set out
below. These Cancellation Rights, however, do not apply, to a contract for the following goods
(with no others)
in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following
circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their
nature) with
other items after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days
without giving any
reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a
third party, other than
the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract
for the supply of
goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract
by a clear statement
setting out your decision (eg a letter sent by post or email). You can use the attached model
cancellation form,
but it is not obligatory. In any event, you must be able to show clear evidence of when the
cancellation was
made, so you may decide to use the model cancellation form.
43. You can also electronically fill in and submit the model cancellation form or any other clear
statement of the
Customer's decision to cancel the Contract on our website www.a1remote.co.uk. If you use this
option, we will
communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by
email)
without delay.
44. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise
of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments
received from you,
including the costs of delivery (except for the supplementary costs arising if you chose a type of
delivery other
than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the
loss is the
result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish
the nature,
characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably
allowed in a shop). This is because you are liable for that loss and, if that deduction is not
made, you must pay
us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, we will make the reimbursement without undue
delay, and not later
than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the
reimbursement without
undue delay, and not later than 14 days after the day on which we are informed about your decision
to cancel
this Contract.
49. We will make the reimbursement using the same means of payment as you used for the initial
transaction,
unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result
of the
reimbursement.
Returning Goods
50. If you have received Goods in connection with the Contract which you have cancelled, you must
send back the
Goods or hand them over to us at Unit 58, Floor 1, Norwich Livestock Market, Hall Road, Norwich,
Norfolk, NR4
6EQ without delay and in any event not later than 14 days from the day on which you communicate to
us your
cancellation of this Contract. The deadline is met if you send back the Goods before the period of
14 days has
expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised
distance sales or service-provision scheme without the simultaneous physical presence of the trader
and
the consumer, with the exclusive use of one or more means of distance communication up to and
including
the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the
ownership of goods
to a consumer and the consumer pays or agrees to pay the price, including any contract that has
both goods
and services as its object.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have
conformed if it does
not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the
Contract is
made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely,
on our
skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will immediately, or within a reasonable time, give you the benefit of the free guarantee
given by the
manufacturer of the Goods. Details of the guarantee, including the name and address of the
manufacturer, the
duration and territorial
scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This
guarantee will
take effect at the time the Goods are delivered, and will not reduce your legal rights.
56. We will provide the following after-sales service: Product and Technical support.
Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else, and will remain liable
to the other for its
obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who
it chooses to
help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will
act reasonably,
and the party will not be liable for any failure which it could not reasonably avoid, but this will
not affect the
Customer's above rights relating to delivery and any right to cancel, below.
Privacy
59. Your privacy is critical to us. We respect your privacy and comply with the General Data
Protection Regulation
with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to our policies,
including our privacy
policy and cookies policy.
61. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,
including, but
not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that
Personal Data in the
course of providing the Goods to you, we will comply with our obligations imposed by the Data
Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which
information is
being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any enquiries or complaints regarding data privacy, you can e-mail:
Excluding liability
65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for
death or personal injury
caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the
Supplier is not liable
for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was
made, or (ii)
loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be
suffered by a
Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for
its business,
trade, craft or profession.
Governing law, jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of England and
Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the
Customer lives in
Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute
occurs customers
should contact us to find a solution. We will aim to respond with an appropriate solution within 5
days.
Model cancellation Form
To
A1 Remote Diagnostics
Unit 58, Floor 1
Norwich Livestock Market
Hall Road
Norwich
Norfolk
NR4 6EQ
Email address: info@a1remote.co.uk
Telephone number: 0333 772 9211
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
[*] [for the supply
of the following service [*], Ordered on [*]/received on [*] (date received) Name of
consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.
58 Norwich livestock market, NORWICH, NR4 6eq
info@a1remote.co.uk