Terms & Conditions

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Terms & Conditions of Business

 (Updated October 2019 )

This website is operated by Fertan UK Ltd (referred to as “Fertan”). As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions read through these terms and conditions carefully before using this website.

  1. General

1.1 We reserve the right to change or alter our terms and conditions at any time. Any such changes will take effect when posted on the website (see last update at the top of this page (1) it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions as per all sections of this document.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use  this website.

1.3 When you use certain Fertan Services (including any special offers) please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

1.4 Certain website services may require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All “Password Details” are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must always be treated as strictly confidential . If you have any concerns regarding your Password Details or become aware of any misuse, then you must inform us immediately (see  9 (9.1) Contact Us for more information and full contact details).

  1. Order Procedure

2.1 Please read this section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The ‘confirmation & Information’ provided is deemed   to be correct and sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products / services you have ordered. Please note that this email is not an order confirmation or order acceptance from `Fertan` but an acknowledgement of the order placed with us.


2.3 Acceptance of your order and the completion of the contract between you and us will take place when the goods / services are paid for in full (see note (4) payment (4.4) and dispatch / provided to you unless we have notified you that we do not accept your order or you have cancelled it in accordance to our terms & conditions.

2.4 We do not retain details of your order for you to subsequently access direct from/on this website, therefore, please print out these terms and conditions and the order acknowledgement for your own records if required. 

Ref.PP/JM/Ft/Oct19 P1

 

  1. Delivery

3.1 This website is only for delivery of goods / services to customers in Mainland UK and Northern Ireland addresses. Any deliveries outside the UK can be delivered by special arrangements and the relevant carriage charges and fees that may apply. All goods must be signed for by an adult aged 18 years or over on delivery or left under special instructions by the purchaser.

3.2 Delivery charges and estimated timescales are approximate. Delivery charges will be confirmed prior to the point of your placing an order where they apply. We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors. Fertan UK Ltd shall be under no liability for any delay or failure to deliver the products / service within estimated timescales.

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our appointed carrier.

  1. Payment

4.1 We take payment from your card Visa or Debit  or PayPal account at the time we receive your order ,(Unless otherwise agreed where a trade account has been approved by Fertan UK Ltd) once we have checked your card or PayPal details and stock availability. Goods are subject to availability. If we are unable to supply the goods at the time of your order, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. (Fertan UK Ltd is not responsible for the content of external Credit Card or other such websites.) Also read section 4.4 of these Terms & Conditions.


4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the General Data Protection Regulations (GDPR) The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individual citizens of the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas.

4.3 The price you pay is the price displayed on the website at the time we receive the reservation or order, apart from the following exception:
a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible and provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.
b) Delivery charges, taxes will apply to the online price and clearly shown or advised at the point of your order.

 

Ref.PP/JM/Ft/Oct19 P2


4.4 Payment can be made by any method specified, such as Credit, Debit Cards or by Bank Direct Payment Systems (We do not accept American Express and certain other payment cards please check with us before ordering) at our discretion we may apply on Credit and Debit card payments a transaction fee of 2.75% on the full and total invoice price of goods / services (rates may vary from time to time) we will only charge you what is implemented by our merchant’s payment fees, ( if fees / charges are to be applied we will notify you before the purchase of goods or services,) otherwise we will not apply fees / charges to such transactions.)


4.5 Title to any products you order on this website shall pass to you on delivery of the products provided we have processed and received payment in full for the products.


4.6 All prices are shown in £s sterling and subject to vat (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. (See 4.3 (b))

  1. Cancellations & Returns.

5.1 You have the right to return goods within 7 days from receipt without providing a reason (Note) */**

  1. a) *Product must be complete unused and in the same condition and packaging as supplied. (Return carriage is the responsibility of the customer returning the goods not the supplier)
  2. b) ** If you wish to return any goods please contact us by email or by telephone beforehand for a returns reference number. (Without a reference number provided by `Fertan UK Ltd` returns, will not be valid)
  3. c) Any refund or credit due will be made promptly subject to the Terms & Conditions stated herein.


5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative.


5.3 All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.

  1. Intellectual Property

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content that we place on our website.

Ref.PP/JM/Ft/Oct19 P3

 

  1. Liability and Indemnity

7.1 Nothing in these terms and conditions, will limit  or excluded liability under statutory law.

7.2 Subject to Section 7.1 above, “Fertan UK Ltd” will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or free from error, that defects will be corrected, or that the site or the server  and systems that makes it available are free of viruses or other computer malfunctions or represents the full functionality, accuracy, reliability of the website “Fertan UK Ltd” will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website “Fertan UK Ltd” accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this or any of our associated or third party websites.


7.3 Subject to Section 7.1 above, “Fertan UK Ltd” will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect losses
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

 

7.4 Notwithstanding the above, subject to Section 7.1 “Fertan UK Ltd” aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or a succession of incidents attributable to the same clause.

7.5 This clause 7 does not affect your statutory rights as a consumer / customer.


7.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you either by ourselves or any third party.

  1. Miscellaneous Provisions

8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

Ref.PP/JM/Ft/Oct19 P4

 


8.2 We have selected our products on the basis that they will be used for the purpose intended and for that use only, if you are planning to use any product we have supplied for business use purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the product/s in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to the fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited. (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the suitability of goods for business purposes, nor do we accept liability for neither loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

8.3 “Fertan UK Ltd” shall be under no liability for any delay or failure to deliver products / services or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

8.4 To provide increased value to our customers, we may provide links to other websites for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for ( i ) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us at “Fertan UK Ltd”

8.6 “Fertan UK Ltd” reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party so long as it is in keeping with our due diligence and authorisation.

8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.8 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and “Fertan UK Ltd” relating to the use of this website (including the order of products / services) and sets forth the entire agreement and understanding between you and “Fertan UK Ltd” for your use of this website.

 

Ref.PP/JM/Ft/Oct19 P5

 

  1. Contact us:

9.1 The Corporate Manager, Fertan UK Ltd, Unit 12, Sparrow Works, Bower Hinton, Martock Somerset TA12 6LG

Email fertaninfo@gmail.com

Tel: 01935 823795

Fertan UK Ltd website is operated by:

Fertan, Unit 12 Sparrow Works, Bower Hinton, Martock Somerset TA12 6LG

Web Hosted by The Marketing-Barn

 

Ref.PP/JM/Ft/Oct19 P6