INRUCAN LIMITED (Trading as "UK Keyloggers")
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE INFORMATION
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by
Inrucan Limited, whose registered office is at 2nd Floor, 145-157 St John Street, London EC1V
4PY, registered in England and Wales No. 5304990 (the "Supplier").
1.2 No contract exists between you and the Supplier for
the sale of any goods until the Supplier has received and accepted your order and the Supplier
has received payment in full (in cleared funds). Once the Supplier does so, there is a binding
legal contract between us.
1.3 By way of clarification, an acknowledgement of your
order will be sent to you via e-mail when you place your order, but acceptance of your offer to
buy the goods will not take place until after your payment is taken and you receive your
acceptance e-mail. It is at this point that a binding legal contract is created and any
contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of
cancellation (see below).
1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order
will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on
receipt of your order the goods you have ordered are not available in stock, the Supplier will
inform you as soon as possible and refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on
the Supplier´s website are accurate at the time you place your order. If an error is
found, the Supplier will inform you as soon as possible and offer you the option of
reconfirming your order at the correct price, or cancelling your order. If the Supplier does
not receive an order confirmation within 14 days of informing you of the error, the order will
be cancelled automatically. If you cancel the order, or if the order is cancelled automatically
due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to
pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be
made by any method shown on the Supplier´s website at the time you place your order.
Payment shall be due before the delivery date and time for payment shall be a fundamental term
of this agreement, breach of which shall entitle the Supplier to terminate the contract
immediately.
3.2 There will be no delivery until cleared funds are
received.
3.3 Payments shall be made by you without any deduction
whatsoever unless you have a valid court order requiring an amount equal to such deduction to
be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the
address you give when you place your order, except that some deliveries are not made outside
the United Kingdom.
4.2 Orders placed before 3.00 pm on a working day will
be processed that day and will be delivered as per the requested delivery option provided no
additional security checks are required and all stock items are available. (A working day is
any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for
reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the
goods (otherwise than by reason of circumstances under control of the Supplier) then without
prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the
best readily obtainable price and (after deducting all reasonable storage and selling expenses)
account to you for any excess over the price you agreed to pay for the goods or charge you for
any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for
any sum that has been paid by you or debited from your credit card for the goods. On exercising
your right to cancel you shall be required to return the goods to the Supplier. Should you fail
to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the
Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as
soon as possible after your order has been accepted. However, the Supplier will not be liable
for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In
this case, the Supplier will inform you as soon as possible.
4.7 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 Risk/Title
5.1 The goods are at your risk from the time of
delivery.
5.2 Ownership of the goods shall not pass to you until
the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the
Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment
for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of
the goods has passed to you, you must:
6.1.1 store the goods (at no
cost to the Supplier) separately from all your other goods and goods of any third party in such
a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or
obscure any identifying mark or packaging on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the Supplier´s behalf for their full
price against all risks to the reasonable satisfaction of the Supplier. On request you shall
produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the
insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any
other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to
possession of the goods shall terminate immediately if:
6.2.1 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 grantÂing of an administration order in respect of you, or any
proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 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
6.2.3 you encumber or in any way charge any of the
goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any
time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you
must give written notice to the Supplier by hand, post or the "Contact us" section of our
website, giving details of the goods ordered and (where appropriate) their delivery.
Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods,
if you exercise your right of cancellation after the goods have been delivered to you, you will
be responsible for returning the goods to the Supplier at your own cost. The goods must be
returned to the address shown within the Returns on Line section of the website. You must take
reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case
of faulty or misdescribed goods we shall, after receiving notification in accordance with
clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself
and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are
cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum
that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods,
if you do not return the goods as required, the Supplier may charge you a sum not exceeding the
direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if
the order is for computer software which has been unsealed by you, or for consumable goods
which, by their nature, cannot be returned, save where a fault is discovered which could not
have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted
free from defects for 12 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the
goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third
party, use otherwise than as recommended by the Supplier, failure to follow the
Supplier´s instructions, or any alteration or repair carried out without the
Supplier´s approval.
8.3 If the goods supplied to you are damaged on
delivery, you should notify the Supplier in writing within 14 days.
8.4 If the goods supplied to you develop a
defect while under warranty or you have any other complaint about the goods, you should notify
the Supplier in writing, as soon as possible, but in any event within 14 days of the date you
discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the
Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a
legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is
not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or
damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the
liability of the Supplier for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall
not be liable to you for any indirect or consequential loss or damage (whether for loss of
profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims
for consequential compensation whatsoever (howsoever caused) which arise out of or in
connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and
payment secure but unless the Supplier is negligent, the Supplier will not be liable for
unauthorised access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the
English courts will have jurisdiction in respect of any dispute arising from the contract, save
that consumers resident in Scotland shall have the right to insist upon these terms being
construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish
courts.
Inrucan Limited
Grace Court
Welshman´s Lane
Nantwich
CW5 6AB
|