Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).

We are Visualift, whose registered office is at Blacknest House - Suite 3, Blacknest Industrial Estate, Blacknest Road, Blacknest, Alton, Hampshire GU34 4PX with email address info@visualift.co.uk; telephone number 01420 375995; (the Supplier or us or we).

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. You can only purchase the Goods from the Online shop if you are at least 18 years old.

Terms and conditions for bespoke items

As well as the standard terms below the following conditions also apply to your order with us:

If you require us to personalise any products you are responsible for ensuring that all specifications are accurate and correct.

If you cancel your order after the order has been made and/or dispatched, we reserve the right to charge you the total amount of the order.

Any change to an agreed design, must be requested before placing the order. Changes may incur additional costs and an increase in delivery timescale.

All goods must be paid for when ordered. Ownership of goods supplied shall not pass to the customer until full payment is received and cleared.

All items are personalised individually. We use a number of print methods to personalise items.

Whilst every effort is made to ensure colours which appear on screen are representative of users screen/monitor, they may not accurately represent those of a product’s material. Where the screen colour is not an exact match we will not be liable for refund or replacement if your printed media has been personalised.

Copyright's of the Goods are forbidden.

Intrpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

Order means the legally-binding agreement between you and us for the supply of the Goods;

Delivery Location means Consumers location where the Goods are to be supplied, as set out in the Order;

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;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the Goods from the Supplier's Onlineshop following the step by step process set out on the Onlineshop;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Onlineshop;

Online Shop means our e-commerce address www.visualift.co.uk/shop on which the Goods are advertised.

Copyrights means no part of the Goods may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the author or publisher.

Goods

The description of the Goods is as set out in the Onlineshop, 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.

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.

All Goods which appear on the Onlineshop are subject to availability.

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

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods, and you expressly agree to this.

Basis of Sale

The description of the Goods in our Onlineshop does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Onlineshop, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Onlineshop. 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.

An Order 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 your confirmation of the Order by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after completing the Order and executed the payment, but in any event not later than the delivery of any Goods supplied.

No variation of the Order 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.

We intend that these Terms and Conditions apply only to an Order 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 Order with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

The price of the Goods set out on the Onlineshop at the date of the Order are agreed on the moment you place the Order.

Prices include VAT at the rate applicable at the time of the Order.

You can pay your Order via PayPal, credit and debit card, and we will take payment immediately.
 

Delivery

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 7 days after the day on which the Order is entered into, unless expressly specified by us that this will take longer.

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 Order at an end if: 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 Order was made; or 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.

If you treat the Order at an end, we will (in addition to other remedies) promptly return all payments made under the Order.

If you were entitled to treat the Order 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 Order 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.

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.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment.

Withdrawal and cancellation

You can withdraw the Order by telling us before the Order is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

You can cancel the Order except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 2 calendar days from the day the Order was entered.

This is a distance order (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to an Order 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.

Also, the Cancellation Rights for an Order cease to be available in the case of any sales Order, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this Order within 2 days without giving any reason.

To exercise the right to cancel, you must inform us of your decision to cancel this Order by a clear statement setting out your decision (e.g. 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 (at the bottom of these Terms and Conditions).

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 Order on our Online shop: www.visualift.co.uk/shop. 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.

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. Except as set out below, if you cancel the Order, we will reimburse to you the payment.

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 (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. 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

We will process the reimbursement without undue delay, and not later than:

a. 5 days after the day we receive back from you any Goods supplied,

or

b. (if earlier) 3 days after the day you provide evidence that you have sent back the Goods.

We will make the reimbursement using the same payment method as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Order which you have cancelled, you must send back the Goods or hand them over to us at Suite 3, Blacknest House, Blacknest Industrial Estate, Alton, Hampshire GU34 4PX, without delay and in any event not later than 7 days from the day on which you communicate to us your cancellation of this Order. The deadline is met if you send back the Goods before the period of 7 days has expired.

You agree that you will have to bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meanings:

distance order means an order 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 Order is concluded;

sales order means an Order 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 Order that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Order and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

Be of satisfactory quality;

Be reasonably fit for any particular purpose for which you buy the Goods which, before the Order 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 Order; and conform to their description. It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and 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.

Excluding liability

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 Order 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

The Order (including any non-contractual matters) is governed by the law of England and Wales.

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.

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 7 days.

Model cancellation Form

To

Blacknest House - Suite 3, Blacknest Industrial Estate, Blacknest Road, Blacknest, Alton, Hampshire GU34 4PX
 

Email address: info@visualift.co.uk Telephone number: + 44 (0) 1420 375995

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: