Below are the Terms and Conditions which apply to any product or service detailed on our website (www.abcohydraulics.com). Please read through them carefully prior to ordering any of our products or services. We advise you to print a copy for future reference. By ordering through our website you agree to be bound by the T&Cs below including any from any other hyper-linked sections.
1 DEFINITIONS
1.1 In these Conditions (unless the context otherwise requires):
Conditions means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
Consumer means any natural person who is acting for purposes which are outside his trade, business or profession;
Contract means any contract for the sale and purchase of the Goods made between you and us;
Goods means the goods (or any instalment or part of them) to be supplied by us to you pursuant to the Contract;
Return of Goods Policy means the policy detailed at Condition 12 that deals with the return of Goods pursuant to the Contract by you to us;
Territory shall have the meaning as set out in condition 3.1;
we mean Louth Developments Limited with company number 01827827 and with a registered office at 12 Tentercroft Street Lincoln, Lincolnshire, LN5 7DB and “us” and “our” shall be construed accordingly;
You means the Consumer that places an order with us and “your” shall be construed accordingly.
1.2 The headings to the Conditions are intended for reference only and shall not affect their construction or interpretation.
1.3 References to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
2 INFORMATION ABOUT US
2.1 This Website is owned and operated by Louth Developments Ltd and our contact details are:
(a) Louth Developments Ltd T/A ABCO Engineering Hydraulics, Mill Park, Southwell, NG25 0ET, United Kingdom
(b) Email: sales@abcohydraulics.com;
(c) Contact Centre telephone number: 01636 812674
3 YOUR STATUS
3.1 The Website is only intended for use by customers resident in the United Kingdom (the Territory) and we do not accept orders from any customers outside of the Territory.
3.2 In placing an order with us, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you have the necessary permission and authority to enter into this Contract;
(c) you are at least 18 years old;
(d) you are resident in the Territory; and
(e) you are accessing the Website from within the Territory.
4 BASIS OF THE SALE
4.1 These Conditions and the terms of the Return of Goods Policy shall be incorporated into each and every Contract made between us and you and shall apply to the Contract to the exclusion of any other terms or conditions put forward by you, whether oral or written (including any conditions you purport to apply) or which are implied by customs, practice or law.
4.2 All samples, statements, specifications, drawings, information, warranties, conditions and particulars of weights, dimensions and performance issued by us are approximate and for guidance purposes only and any reference to them is not intended to form the basis of any Contract.
4.3 The end-user (you) must always consult the product label before using the product.
4.4 All content on our website was correct at the time of publication.
4.5 Errors and Omissions Excepted
5 ORDERS
5.1 Once you have chosen the Goods you wish to purchase from the Website you will select to have the Goods delivered or to reserve and collect the Goods from one of our branches. You are responsible for ensuring the accuracy of your order. Following an order being placed by you, we will send an e-mail acknowledging that such order has been received. This e-mail does not constitute an acceptance of your order and all orders are subject to acceptance by us in accordance with conditions 5.2 (in the case of Goods for delivery) and 5.3 (in the case of Goods for collection) below. We reserve the right to reject any order for any reason.
5.2 In the case of Goods for delivery, we will contact you to confirm a convenient delivery time and date. We are not able to process or deliver orders on UK Bank Holidays, Saturdays and Sundays and days designated for stock take. Acceptance of your order and completion of the Contract between you and us will take place on despatch to you of the Goods unless we have notified you that we do not accept your order or you have cancelled it(Please refer to the Returns and Refunds Condition below.) We cannot accept an order until payment is received in full for all products and any related delivery charges.
5.3 In the case of orders for collection by you, we will contact you, on the contact telephone number you provided during the order process, when the Goods are available for collection. The Goods will be reserved for 5 (five) working days from the date on which all Goods subject to the Contract become available for collection and if you have not collected the Goods by the expiry of this period we shall treat such order as cancelled. Collection of the Goods and receipt of payment in full will be deemed to be the point at which a Contract is entered into and becomes legally binding in the case of orders for collection.
5.4 All orders are subject to stock availability. If we are unable to supply any products that you have ordered, we will inform you as soon as possible. In the event that an out-of-stock product is part of any order and we cannot contact you, we will send what Goods we have in stock, refunding the purchase price of any unavailable Goods where payment has already been made.
5.5 No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by one of our managers.
5.6 Certain Goods are the subject of a legally prescribed age restriction and must be collected from our premises. You are therefore required to confirm that you are over the age of 18. You acknowledge and accept that we may carry out further checks to verify your age and proof of age may need to be provided to us upon collection of the Goods. We will notify you if your order contains any such Goods.
6 DELIVERY
6.1 The Website is only for the delivery of products to customers in the United Kingdom, Channel Islands, Isle of Man and Scottish Islands. We do delivery into Europe, but please contact us for information and pricing on this. Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations. Such charges will be made clear to you before the goods are supplied.
6.2 We will deliver the Goods to the address specified for delivery by you in your order. It is important that this address is accurate. Any additional changes or re-delivery due to an incorrect address may incur a charge.
6.3 We aim to provide you with an accurate date on which the Goods will be ready for collection or delivery (as applicable). All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver Goods within these time frames. We will let you know if we cannot deliver your products within 30 days of the date of your order, and give you the opportunity to either wait for the Goods or cancel your order.
6.4 Where we become aware that the date for collection or delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the delivery date. We strongly recommend that you do not book fitters or tradesmen until the Goods have actually been delivered and checked by you.
6.5 When a delivery date has been arranged, you must ensure that someone is available at the address to accept the delivery. All deliveries must be received and signed for by a person over the age of 18.
6.6 We will always try to make one single delivery to you wherever possible to minimise any inconvenience. This means that when an order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. This is save where you have specified that you will accept multiple deliveries during the order process on the Website. We reserve the right to deliver by way of instalments.
6.7 If we are unable to effect delivery on arrival at the delivery address for any reason, an additional charge for any return or subsequent visit will be made. Should no one be available to take the redelivery we may cancel the order and refund the purchase price, excluding any delivery charges.
7 LOSS OR DAMAGE TO GOODS
7.1 We request that you examine the Goods on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
7.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Return of Goods policy.
8 PRICE
8.1 The price of the Goods and our standard charges for delivery shall be the prices given on the Website from time to time and as confirmed by us in our email acknowledging that such order has been received. Such e-mail shall include any additional costs in respect of carriage, insurance, and/or storage (less any discount we allow). Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. We will notify you where such charges apply before the Goods are supplied and give you the opportunity to either accept the additional charges or cancel your order.
8.2 Prices of Goods or delivery charges are liable to change at any time, but changes will not affect orders in relation to which we have already contacted you to confirm the dispatch of the Goods in accordance with condition 5.2.
8.3 While we will try to ensure that all prices in our literature or on our website are accurate, errors may occur or the price may change for reasons beyond our control. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it.
8.4 If we are unable to contact you pursuant to Condition 8.3 above we will treat the order as cancelled or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.
8.5 The price of the Goods and carriage shall be inclusive of VAT.
8.6 Payment for all Goods shall be made by credit or debit card, or Paypal at the time the order is placed in the case of orders for Goods to be delivered, or at the time of collection in the case of orders for Goods to be collected (as the case may be). The Website will specify which cards we will accept from time to time. If it is not possible to obtain the full payment for the Goods from the payment details you provided then the Contract can be cancelled by us and any further deliveries may be suspended.
9 RISK AND PROPERTY
9.1 Risk of damage to or loss of the Goods shall pass to you:
(a) where Goods are to be collected from our premises, from the time you collect the Goods from us; or
(b) where Goods are to be delivered to you, at the time we deliver them to your premises.
9.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not take place until we receive payment in full and cleared funds for all sums due and owing under the Contract. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Goods.
9.3 Until such time as the Goods are paid for in full and cleared funds, you shall be responsible for taking reasonable care of the Goods. Where possible, you are required to store the Goods separately from all other Goods in your possession in such a way that the Goods can be readily identified as still being ours. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Goods are stored for the purpose of repossessing the Goods.
10 TERMINATION
10.1 The Contract or performance of all or any of the obligations under the Contract may be withheld, varied or suspended if any one (or more) of the following events occur:
(a) where the Goods are unable to be delivered or collected in accordance with the terms of the Contract;
(b) either party makes any voluntary arrangement, becomes bankrupt, insolvent or commits any other act of bankruptcy; or
(c) either party commits any breach of the Contract and has failed to remedy such breach (where capable of remedy) within 30 days of being notified by the other party of the existence of the breach.
10.2 If we are unable to supply you with the Goods you have ordered for any reason (beyond our control) and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.
11 WARRANTY AND LIABILITY
11.1 We warrant to you that any Goods purchased from us through the Website will conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Goods of that kind are commonly supplied. These are all backed with a manufacturers warranty.
11.2 This warranty is given subject to the following conditions, and we shall be under no liability in respect of:
(a) any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
(b) any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
11.3 We shall not be liable for any claim relating to any breach of warranty, express or implied, brought after the expiry of the period of twelve months from the date on which the Contract was made (or, in the case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of those Goods).
11.4 Save for the remedies set out in our Returns and Refunds section (below) and to the extent permitted by law, we will not be liable, in contract, tort (including, without limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
(a) Any economic losses (including without limitation loss of revenues, data profits, contract, business or anticipated savings);
(b) Any loss of goodwill or reputation;
(c) Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under the Conditions.
11.5 Notwithstanding the above, but subject to 11.6 below, our 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).
11.6 Nothing in these Conditions shall limit or exclude either party's liability for:
(a) death or personal injury resulting from the negligence of either party, its employees or agents;
(b) fraud or fraudulent misrepresentation; and/or
(c) any matter in respect of which it would be unlawful for either party to restrict or exclude liability
11.7 The provisions of this Condition 11 shall survive termination of the Contract.
12 RETURNS AND REFUNDS
This Condition 12 does not affect your legal and statutory rights, and further advice can be obtained from the Citizens Advice Bureau.
12.1 You may cancel your order at any time provided that you exercise your right and notify us no longer than seven working days after the day on which you receive the Goods by either:
(a) emailing sales@abcohydraulics.com; or
(b) telephoning 01636 812674.
12.2 If you have received the Goods before you cancel your order you must send the Goods back to the address supplied by us at your own cost and risk. You should obtain proof of postage.
12.3 Orders placed for Goods made to customer's specifications or clearly personalised or non-stocked Goods specifically ordered at the customer’s request (“Special Order Goods”) cannot be cancelled. We will contact you to let you know whether your order contains any such items.
12.4 You may return Goods for any reason within 14 days from the date of delivery/collection provided that the following conditions are satisfied:
(a) Goods will only be accepted if you have taken reasonable care of them and they are unused;
(b) You return all the original packaging where possible to do so; and
(c) You supply the advice note accompanying the Goods or other proof of purchase (and for the avoidance of doubt a copy of the email confirming details of the order will not be sufficient for these purposes).
12.5 Before returning any Goods you must contact us either by:
(a) email on sales@abcohydraulics.com; or
(b) telephoning 01636 812674; or
(c) telephoning the branch from which the Goods were despatched or collected, details of which are found on the advice note accompanying the Goods to tell us that the Goods are being returned and to obtain details of the branch / address that the Goods should be returned to.
12.6 Except where otherwise agreed, you are responsible for returning the Goods to us. We ask that you please ensure that you obtain adequate proof of postage with adequate insurance in place..
12.7 Where Goods have been damaged whilst in your possession, we shall not be obliged to accept the return of those Goods. In such circumstances, we will notify you that the Goods are available for re-collection or re-delivery for which you shall be liable for any reasonable delivery charges incurred.
12.8 The Company cannot offer refunds or accept returns on the following (unless they are faulty):
(a) Special Order Goods;
(b) if sealed packages have been opened on sensitive electronic Goods (eg boiler printed circuit boards); and
(c) Goods that have been fitted;
12.9 In the unlikely event that a product is faulty or it has been damaged during delivery, we will exchange the product or provide you with a full refund together with any applicable delivery charges and any reasonable costs you incur in returning the item to us. Notification of any defect must be made within a reasonable time. We reserve the right to inspect all returned products prior to agreeing to any part-refund, full refund or product exchange.
12.10 If you return goods to us:
(a) because you have cancelled the Contract between us within seven working days following the date of delivery, or
(b) for any other reason (save where the Goods are faulty) within 14 days from the date of delivery or collection, we will process the refund due to you (including any applicable delivery charges) as soon as possible and, in any case, within 30 days. However, you will be responsible for the cost of returning the Goods to us.
12.11 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13 GENERAL
13.1 When using the Website you accept that communication with us will be mainly via electronic means. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that are provided electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.2 All notices given by you to us must be given to us for the attention of the Company Secretary at ABCO Engineering Hydraulics, Mill Park, Southwell, NG25 0ET or at sales@abcohydraulics.com and shall quote the reference “FAO Online Contact Centre”. We may give notice to you at either the e-mail or postal address provided when the order was placed, or in any of the ways specified in Condition 13.1 above. Notice will be deemed received and properly served immediately when posted on the 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.
13.3 Neither party shall be liable to the other or deemed to be in breach of the Contract by reason of any delay or failure to perform any of their obligations if the delay or failure to act is due wholly or in part to a cause beyond that party’s reasonable control.
13.4 A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.5 These Conditions shall not create any agency or partnership between us and you or any third party.
13.6 We may assign, license or sub-contract all or any part of its rights or obligations under a Contract. This Contract is personal to you and you may not assign, license or sub-contract all or any of its rights or obligations under these Conditions without our prior written consent.
13.7 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
13.8 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
13.9 The Website, its contents and any Contracts formed as a result of its use shall be governed and construed in accordance with English law and each of the parties hereby submit to the non-exclusive jurisdiction of the English courts to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
13.10 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
13.11 All content & imagery on this website is property of Louth Developments Limited unless otherwise stated. This is protected under the Copyright, Designs and Patents Act 1988
13.12 We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the Website and will take effect immediately. You should, therefore, read the terms and conditions each time you access the Website.
