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TERMS & CONDITIONS |
| Also see "About US" and "Privacy Policy" and FAQs. Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by SatCure. Goods: the articles which the Customer agrees to buy from SatCure. Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs, in GBP (Great Britain Pounds). Customer: the person who buys or agrees to buy the goods from SatCure. SatCure: means SatCure Distribution, PO Box 73, Oakengates, Telford, TF2 8WR, United Kingdom Site: The satcure web site Content: The content of the Site. 2.1 These Conditions shall form the basis of the contract between SatCure and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customer's standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document. 2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from SatCure pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Customer's acceptance of these Conditions. 2.4 These Conditions may not be varied except by the written agreement of a director of SatCure. 2.5 These Conditions represent the whole of the agreement between SatCure and the Customer. They supersede any other conditions previously issued. 3.1 The Price shall be the price quoted in SatCure's confirmation of order "Keep-me" email message in GBP (Great Britain Pounds). In the unlikely event that items are incorrectly priced on the web site, SatCure shall not be compelled to supply the goods at the incorrect price. Similarly, the Customer will not be compelled to accept the goods at the correct price. Where such pricing discrepancies occur, the Customer will be advised and given the opportunity to re-select an alternative product, cancel the order or continue with the order at the correct price. 3.2 VAT will be charged at the rate in force on the date of SatCure's invoice, where applicable. 3.3 The delivery cost quoted in SatCure's confirmation of order "Keep-me" email message is an approximate calculation based on several factors. If the actual cost is different, SatCure will advise the customer and give him the opportunity to accept the revised charge or to cancel the order. 4.1 All products are subject to availability. If items are out of stock with either SatCure or SatCure's suppliers, SatCure will endeavour to dispatch these items within 14 days. In the event that the item will not be available for despatch within that time period and in any case if the goods cannot be delivered within 30 days, SatCure will contact the Customer and the Customer will be given the option to cancel the order and receive a full refund of any monies paid. SatCure shall not be liable for any losses, damages or costs incurred by the Customer owing to delay or non-delivery of the goods. 5.1 Payment of the Price, VAT, delivery charges and any other associated charges in GBP must be received before any orders can be processed. Cheques (in GBP only) must clear before goods are despatched. 5.2 The only exceptions to paragraph 5.1., above, are where other terms have been agreed in writing, prior to the order being placed. 5.3 Credit Card payment will not usually be taken until the order (or part of it) is ready to ship, or until SatCure reasonably believe that the order is ready to ship. This means that credit card details will be held securely until payment is taken. The details will not normally be deleted from SatCure's secure system unless the Customer specifically requests this action in writing. (See SatCure's Privacy Policy.) 5.4 Paypal payments are made in advance but will be refunded if the order is cancelled, but see 11.8 for additional information. 6.1 Orders shall be placed only via the web site "shopping cart" to ensure that the correct stock codes and prices are used, that any relevant Product Information is emailed to the customer automatically, and that a sequential Order Number is generated, which is essential for any communication with SatCure. In the event that the customer wishes to place an order by other means, he is strongly recommended to place at least part of the order via the shopping cart first, and to quote the order reference number when confirming. In the event that the customer is unable to use the "shopping cart" because of visual impairment or similar, SatCure will do our best to accommodate him, but SatCure recommend that the customer appoint someone else to place a dummy order first and get an Order Number. 6.2 Images and descriptions of goods are reliant upon information provided by suppliers or manufacturers. They are as accurate as possible. However specifications may change for reasons beyond SatCure's control. Explanatory note: images displayed on the web site should be seen only as "typical". Since SatCure obtains similar goods from several suppliers, cosmetic differences are inevitable. In addition, manufacturers make changes without informing us so images may be out of date without SatCure's knowledge. 6.3 The quantity and description of the Goods shall be as set out in SatCure's confirmation of order "Keep-me" email message. 6.4 Goods which are functionally equivalent may be supplied instead. If the Customer does not want a functional equivalent*, the Customer must inform us at the time of ordering, by means of the Notes field in SatCure's "shopping cart" order form. If the Customer failed to do this, the Customer may use SatCure's urgent "CANCEL, CHANGE or ADD" email contact form to cancel shipment. *A functional equivalent is a product that performs roughly the same functions as the product ordered but may be aesthetically different (shape, size, connections, colour etc.) and may be manufactured by a different company. 6.5 Address The Customer shall supply a complete and accurate "billing address" and delivery address (if different), including postcode (where available) and a telephone number for the person who will accept delivery (and for security purposes). If incorrect choice of destination or errors in the address or telephone number causes SatCure to incur additional costs, the Customer agrees to pay such costs. * The Customer is advised to check the details carefully on the emailed receipt and to contact SatCure in a timely fashion if errors need to be corrected. SatCure warrants that the Goods will at the time of delivery correspond to the description given by SatCure in the confirmation of order. [Except where the Customer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded]. 8.1 SatCure will endeavour to deliver the Customer's item within one to three working days (to a UK address)*. Delivery of the Goods shall be made to the Customer's stated delivery address as entered in the web site "shopping cart" and confirmed in the "Keep-me" email confirmation. Despatch will normally take place within 24 hours of receipt of order and payment Mon. to Fri before 1pm, provided that goods are in stock. The Customer shall make all arrangements necessary to take delivery of the Goods during the period notified by SatCure for delivery. The Customer shall inform SatCure within 2 working days if the goods do not arrive within the allotted timescale (normally 3 working days maximum for goods in stock despatched to a UK address). SatCure can not claim against the delivery company for lost or damaged goods after a certain period, consequently the Customer agrees to indemnify SatCure against loss or damage of goods if the Customer fails to notify SatCure of non-delivery within 7 days of the allotted delivery date. * Delivery outside the UK is dependent on local postal and carrier services. Orders will not be sent to countries where there are known problems with delivery or credit card fraud, including Africa and Indonesia. Exchange items and large or heavy items can not be sent outside mainland Great Britain. 8.2 SatCure undertakes to use its reasonable endeavours to despatch the Goods within 24 hours Mon. to Fri. but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. Under no circumstances will SatCure refund the delivery charge or pay compensation on the basis of "late delivery" or "incorrect delivery". Explanatory note: SatCure will not refund postage nor accept any liability for late or incorrect delivery. Mistakes and delays will happen. The Customer should place the order well in advance. SatCure do not sell perishable or life-saving equipment. 8.3 Occasionally, technical problems, weather, component shortages, staff holidays or sickness or payment problems may delay or prevent delivery of an ordered product. For this reason the Customer is required to specify a permanent delivery address and not a temporary address or one which the Customer may be leaving in the near future. The Customer is required to provide a delivery phone number for the delivery driver to use in case he is late or can't locate the Customer's address. This is especially important if the Customer has no postcode (e.g. republic of Ireland and many European islands). Explanatory note: It is important to ensure that someone will be available at the delivery address in the case of any delay. The Customer's delivery address is transferred to SatCure's order handling computer automatically. If the Customer subsequently changes the Customer's address the change would be made manually, would be subject to human error, and might not be implemented correctly. 8.4 SatCure shall not be liable to the Customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Customer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. 8.5 If the Customer fails to take delivery of the Goods during the specified delivery term, SatCure shall be entitled to charge the Customer the reasonable costs of returning the goods or attempting to re-deliver. In any case, SatCure accepts no responsibility for delivery problems caused by the absence of a signatory at the delivery address. Explanatory note: If the Customer doesn't provide a delivery address where someone is available to sign, then it isn't SatCure's fault if things don't work out. 8.6 The Customer should refuse to accept damaged or unwanted goods and the delivery company will return them to SatCure without charge. If the Customer or his representative accepts delivery of damaged* or unwanted goods then he must return them at his expense. *Where damage would be obvious on casual inspection. Explanatory note: the Customer is under no obligation to accept delivery of any goods. If the Customer doesn't want the goods, say goodbye to the delivery driver and close the door. If he is persistent please call the police. Under no circumstances should the Customer sign for unwanted goods or goods that are visibly damaged or have missing parts. 8.7 If the Customer requests a delivery action that is in variance with the standard delivery action, the Customer agrees to indemnify SatCure against any loss or damage to goods, which arises from the delivery company employee's interpretation of the requested action. Explanatory note: if the Customer request that a note be put on the parcel, such as "leave in garage if out" then the Customer effectively waives the Customer's right to inspect and sign for or reject the goods. The Customer agrees to pay the cost of returning any faulty or damaged goods to SatCure or to the despatch warehouse. If goods go missing, proof of despatch therefore will be acceptable proof of delivery. 8.8 When goods fail to arrive If goods were sent by a non-traceable* method SatCure will, at Customer's request and SatCure's discretion, send a replacement by a traceable method to a UK address, after 10 days. The customer will be charged for any additional carriage cost (i.e. any cost in excess of what was paid for normal delivery and NOT the entire cost of the second delivery). This applies equally to goods that were originally sent to an address outside the UK except that the minimum number of days shall be 30. If Customer does not wish to pay for a traceable* UK delivery, the order will be cancelled and a full refund will be made within 30 days. *Traceable means that POD (proof of delivery with signature) is required. Customer shall afford SatCure all reasonable assistance to trace missing goods and/or to claim reimbursement from the postal service or carrier company. Customer shall return duplicate goods to SatCure. Explanatory note: SatCure's policy is to allow a number of days for the goods to arrive. Late delivery, due to industrial action, weather and other factors, is not unusual so SatCure's policy is to allow 10 days for a UK address and 30 days for goods sent outside the UK to arrive. If the goods fail to arrive after the stated number of days, we'll offer the Customer a re-delivery attempt to a UK address which the Customer nominates. SatCure will use a method of delivery that requires a signature so there must be somebody there to sign and the Customer must agree to pay additional costs, if any, since SatCure will not risk another delivery to the same address. 8.9 Delivery address The Customer's delivery address must be a real building with easy ground floor access. The street name must be clearly visible. The building name or number, as provided in the "Delivery Address" on the order, must be clearly visible from the road. There must be a responsible person present to sign for the delivery. Parking for large vans must be permitted and practical. SatCure will not knowingly deliver to a building site, yard, or any incomplete building, or a building without a clearly visible access door and somebody at the door to sign for delivery. If the Customer request a delivery to such a location the Customer agrees to indemnify us against loss or damage or non-delivery. The driver will deliver to the main entrance door only. He will not climb stairs or walk any distance inside or outside the building. 9.0 Downloadable digital products Orders for downloadable digital products, such as "eBooks", are handled automatically and an email message with download instructions will be sent immediately. However, this ordering process will not work if the Customer fails to provide a valid address, email address and telephone number (for security purposes). If the order fails because of an error on the Customer's part, please send us a cancellation message, via the appropriate form, then place the order again. 9.1 Risk shall pass on delivery of the Goods to the Customer's address. 9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with SatCure and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full. 9.3 Until title passes the Customer shall hold the Goods as bailee for SatCure and shall store or mark them so that they can at all times be identified as the property of SatCure. 9.4 SatCure may at any time before title passes and without any liability to the Customer:- 9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Customer's right to use, sell or otherwise deal in them; and 9.4.2 for that purpose (or determining what if any Goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer. 9.5 SatCure may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer. 9.6 SatCure reserves the right to refuse any order, where the perceived risk outweighs the profit, without divulging the reasons for such refusal. 10.1 Carriage will be chargeable on all sales (except downloadable digital products). This will be charged as shown on the checkout screen unless SatCure advise the Customer otherwise and give the Customer an opportunity to accept the altered charge or to cancel. 10.2 Products ordered from SatCure's Site for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. SatCure have no control over these charges and cannot predict their amount. Please contact the Customer's local customs office for further information before placing the order. 10.3 The Customer must make sure that the Customer complies with all applicable laws and regulations of the country for which the products are destined. SatCure will not be liable for any breach by the Customer of any such laws. 11. Cancellation, Returns and Refunds 11.1 Requests for cancellation or refund must be made in writing, including email (via SatCure's web site forms) or fax. If the cancellation request is made prior to the goods being despatched, the Customer will not be liable for any outgoing shipping costs but may be charged for customised goods (e.g. cable or tape cut to length). 11.2 Where goods have been delivered to the Customer, the Customer will have seven days from the date of delivery to cancel the order in writing, stating the reason for cancellation, the Customer's details and the Customer's order number. On receipt of the Customer's cancellation, the Customer will be advised of a Returns Authorisation Number and this must be clearly attached to the packaging. The customer is advised to use a traceable method (requiring a signature on receipt) for returns. The Customer will be liable for the cost of returning the goods to SatCure (except as stated below). Any goods returned this way must have been subject to reasonable care whilst in the Customer's possession. This means that the original packaging must be used and that all accessories, leads, instruction books etc. are present and carefully repackaged with the goods. Under no circumstances will SatCure arrange to collect the goods free of charge or refund any shipping charges (except where the goods are faulty on first usage but not visibly faulty - see "Faulty Goods" below). Explanatory note: Under the terms of The Consumer Protection (Distance Selling) Regulations 2000 in the UK, SatCure are required by law to give the Customer seven working days "cooling off" period after delivery of order. This is to protect the Customer against "impulse buying". Please note that once the Customer has used the goods, the Customer is deemed to have accepted them and the Customer forfeits the Customer's specific rights under these regulations. (The Customer's normal statutory rights are not affected). SatCure will refund the price of the item on the invoice plus VAT and minus a 10% or £10 (whichever is higher) testing and restocking charge for certain items if they have been unpacked. These are items that can not be checked by visual inspection alone. 11.3 If the Customer keeps the goods for longer than 10 days after the 7 day notification period, or if the goods are not returned in "as new" unused condition, then a usage charge up to the full invoice amount is payable unless SatCure agree otherwise. 11.4 The Customer's original payment will be refunded within 30 days of the date of cancellation, or receipt by us if later (less any collection costs that may have been incurred by SatCure). 11.5 Refunds for exchange (internal) power supply units and other eligible returned goods will not be given until the goods have been received and tested or checked. Such refunds will normally be made within 30 days of receipt of the unit if the test indicates that the goods are eligible for refund (or the PSU can be repaired without extra parts or labour). 11.6 Customised items (e.g. cut lengths of cable or tape) are non-returnable except by SatCure's prior agreement. 11.7 For goods that are returned because they are faulty, please see the relevant section below. 11.8 Unfortunately, Paypal does not allow us to make a refund after 60 days have passed. SatCure can, however, use Paypal to send the money to the Customer's Paypal account but, in this case, the fees related to the original transaction won't be refunded to us by Paypal and, if these are significant, SatCure may deduct these from any refund to the Customer. Also please note that Paypal will charge the Customer a receiving fee for such a payment. Explanatory note: It is most important to request a refund, where required, within 60 days of placing an order when paying via Paypal, otherwise a full refund can not be made and the Customer can not raise a dispute with Paypal. 12. Faulty Goods (faulty on receipt) 12.1 Goods that exhibit a fault immediately upon first use out of the box must be advised to SatCure via the relevant email form or by postal letter within five days of delivery to the Customer. The Customer must not attempt repair of goods without written permission from SatCure. 12.2 A returns process will then be initiated and SatCure will require the Customer to provide SatCure with some details regarding the fault exhibited along with the Customer's details and the order reference. This information may help SatCure to identify if an actual fault exists or whether an error has been made in set up or installation. If it is not possible to rectify the apparent fault at this stage, the Customer will be issued with a Returns Authorisation Number. 12.3 The Returns Authorisation Number must be clearly attached to the packaging. Where possible, the original packaging must be used and all accessories, leads, instruction books etc should be present and carefully repackaged with the goods. The Customer will be advised of the arrangements to be made for return of the goods for inspection. 12.4 Goods will not be accepted without a valid Returns Authorisation Number except where SatCure has authorised the use of the "Keep-me" order number instead. 12.5 On receipt at SatCure's premises and if a fault is confirmed by SatCure's engineers, the Customer will be offered either a replacement item, or a refund of the purchase price, and any postage costs from a UK address*. *In the case of overseas postage, SatCure will pay only the UK postage equivalent as if the customer posted within the UK. If the returned item is not faulty the options are:- i) Return of the item to the Customer and, at SatCure's discretion, the Customer will be charged for the new delivery and any collection charges. ii) A refund of the item less any delivery or collection charges and a restocking charge of up to 10% of the value of the goods, at SatCure's discretion, dependent upon the condition of packaging and completeness of the goods. 12.6 See section 15.1 "Liability" for details of warranty. 12.7 In all circumstances, SatCure would advise that the Customer retain all packaging and accessories to facilitate returns and to minimise any liability that the Customer may have for damaged goods or missing accessories. 12.8 SatCure will usually make any refund using the same method originally used by the Customer to pay for the Customer's purchase. SatCure will usually process any refund due to the Customer as soon as possible and, in any event, within 30 days of the day SatCure confirm to the Customer via email that the Customer is entitled to a refund. Products returned by the Customer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the Customer and the reasonable UK postage cost incurred by the Customer in returning the item to us. 13. Damaged or Incorrect Goods 13.1 The Customer shall be deemed to have accepted the Goods 7 days after delivery to the Customer. 13.2 The Customer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to SatCure within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed. 13.3 Where the Customer has accepted, or has been deemed to have accepted, the Goods the Customer shall not be entitled to reject Goods which are not in accordance with the contract. We reserve the right to supply alternatives, which are functionally identical to the items ordered, but may be aesthetically or dimensionally different from the pictures and descriptions in SatCure's web pages or catalogue. In such an instance, if the alternative is unacceptable to the Customer, the Customer may return it, unused, for refund at the Customer's expense. Colour and minor variations in shape are not acceptable reasons for demanding a refund. Where aesthetic features or dimensions are critical the Customer must inform us at the time of ordering. 13.5 Cosmetic faults Some items such as remote control handsets may be prepackaged. SatCure may remove or crop the packaging to make the item easier or cheaper to post. This does not constitute "damage" to the product itself which will always be new, unused, unless otherwise stated on the invoice. Packaging will often become crushed during postal handling. This is to be expected. The packaging is there to protect the product and, provided that the product itself arrives in good, usable condition, such cosmetic damage to the packing does not constitute a reason for rejecting, returning or requesting a discount. If the Customer requires the original packaging to arrive in cosmetically good condition (eg. for resale purposes) the Customer MUST tell us when the Customer orders. For such a request, an additional charge may be levied to pay for extra packaging and weight. Cosmetic faults in goods which are intended for outdoor installation do not constitute "damage" since the goods will inevitably suffer the long-term effects of weather anyway. Blemishes to paint or slight corrosion are inevitable in mass-produced goods and the customer agrees to accept such minor defects. (Dents or distortion to satellite TV dishes are not acceptable, since such shape defects will affect performance.) Explanatory note: Goods installed outdoors should have additional weather protection applied initially and periodically thereafter in order to maintain their reliability and appearance. Cosmetic defects that do not affect function will be accepted by the Customer who is advised to add paint or other suitable protection whether or not such defects are visible. The Customer agrees to indemnify us and SatCure's affiliates and SatCure's respective directors, officers, employees and agents, as well as their licensors and suppliers (the Indemnified Parties), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of: 14.1 any misrepresentation, act or omission made by the Customer in connection with the Customer's use of this Site; 14.2 any non-compliance by the Customer with these Terms; or 14.3 claims brought by third parties arising from or related to the Customer's access or use of this Site, including without limitation the information made available by the Customer to this Site. 15.1 SatCure warrant to the Customer that any goods purchased from us through SatCure's Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. The manufacturer's warranty applies to any goods that develop a fault after 7 days of delivery to the Customer. In the event that the manufacturer's warranty has expired then SatCure will repair, replace or refund (at SatCure's discretion) faulty or non-compliant goods returned to us up to six years(§) after the date of delivery, in accordance with EU regulations, provided that such fault or non-compliance is not a result of customer abuse, or misuse, or of an incompatibility caused by a software change in associated equipment. Goods must be returned by the Customer at the Customer's expense to us or to SatCure's appointed inspection facility for inspection.* * Explanatory Note: the goods shall be installed and used in accordance with the instructions supplied by us and shall not be subjected to impact, crushing, radiation, liquid spillage or temperatures outside the specified range. Where goods are installed outdoors or in a harsh environment, the customer shall take reasonable steps to protect them, for instance by use of suitable paint and/or grease. SatCure will not refund the cost of returning goods for inspection. § Explanatory Note: Electronic equipment is generally expected to last at least six years so SatCure normally extend the manufacturer's 12 month warranty by offering the Customer a replacement at a cost of the original price minus 1/6 for each year of "life" that it has left. In other words, the Customer pays only for the usage the Customer has had. This is achieved most quickly by the Customer's placing an order for a new unit and SatCure make a refund as soon as the old unit has been inspected for "abuse" such as water ingress and overheating. 15.2 In relation to SatCure's supply of products via this Site (including both downloads and physical products) SatCure's liability for losses which the Customer suffers is strictly limited to the purchase price paid by the Customer, if any, and any losses which are a foreseeable consequence of SatCure's breaching these Terms. Losses are foreseeable if they are contemplated by the Customer and us at the time the Customer's order is accepted by us. SatCure are not responsible for indirect losses which are not foreseeable by the Customer and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. This Section should not be interpreted to suggest that SatCure's Services are offered other than for the Customer's personal, non-commercial use only. 15.3 In respect of all aspects of the Site and Services other than SatCure's supply of products (and subject to the other provisions of this Section 16), SatCure, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of SatCure's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to the Customer or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or the User Content or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect the Customer's computer equipment, software, data or other property on account of the Customer's access to, use of, or browsing the Site or the Customer's downloading of any material from the Site or any websites linked to the Site. 15.4 This Section does not in any way limit SatCure's liability: 15.4.1 for death or personal injury caused by SatCure's negligence; 15.4.2 under section 2(3) of the Consumer Protection Act 1987; 15.4.3 for fraud or fraudulent misrepresentation; or 15.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, SatCure's liability. 15.5 Where the Customer buys any product or service from a third party seller through SatCure's Site (other than a Seller), the seller's individual liability will be set out in the seller's terms and conditions. 15.6 SatCure will not be liable to the Customer for failures, defects or delays in delivery caused by: 15.6.1 the Customer's provision of incorrect information; 15.6.2 the Customer's computer failing to meet the minimum technical requirements for the Service; 15.6.3 the Customer's failure to comply with instructions for use of the Service; or 15.6.4 an event which is outside of SatCure's reasonable control. 16.1 Subject to Section 16 above, the Content (as defined in Section 1) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, SatCure provide the Customer with the Site on the basis that SatCure exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Site). 16.2 SatCure endeavour to ensure that information on SatCure's Site is correct, but SatCure cannot guarantee the accuracy and completeness of the material on the Site. SatCure may make changes to the Content, or to the products, services and prices described in it, at any time without notice. The Content may be out of date, and SatCure make no commitment to update such material. 16.3 SatCure may discontinue or alter any aspect of the Site or Services at any time in SatCure's sole discretion without prior notice or liability, provided that changes will not affect orders in respect of which SatCure have already sent the Customer a Dispatch Confirmation (unless required to be made by law or governmental authority). 17. Events Outside SatCure's Control We will not be liable or responsible for any failure to perform, or delay in performance of, any of SatCure's obligations that is caused by events outside SatCure's reasonable control. SatCure's performance under these Terms is deemed to be suspended for the period that the event continues, and SatCure will have an extension of time for performance for the duration of that period. SatCure will use SatCure's reasonable endeavours to find a solution by means of which SatCure's obligations may be performed despite such event. Links to third party web sites from the Site are provided solely for the Customer's convenience. If the Customer uses these links, the Customer leaves the Site. SatCure do not control and are not responsible for these web sites or their content or availability. SatCure do not endorse or make any representations about them, or any material on them, or any results that may be obtained from using them. If the Customer decides to access any of the third party web sites linked to the Site, the Customer does so entirely at the Customer's own risk. 19. Site Access use and content 19.1 While SatCure endeavour to ensure that the Site is normally available 24 hours a day, SatCure will not be liable if for any reason the Site is unavailable at any time or for any period. 19.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond SatCure's control. 19.3 The Customer's Use of SatCure's Site, the Customer may not: 19.3.1 act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; 19.3.2 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, or use of which may be in breach of any third party's rights; 19.3.3 impersonate any person or entity or misrepresent the Customer's affiliation with any other person or entity; 19.3.4 exploit any information or other material obtained on or through this Site for commercial purposes; 19.3.5 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Chemical Records cookies for purposes which are unrelated to the Services); 19.3.6 attempt to gain unauthorised access to other computer systems through this Site. The Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or 19.3.7 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services. 19.4 Site Content 19.4.1 All material on this Site, including text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software (Content) are the sole and exclusive property of Chemical Records or its affiliates and/or licensors. 19.4.2 Unless otherwise specified, this Site, the Services and Content are for the Customer's personal and non-commercial use only. 19.4.3 The Customer may not use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the purpose of viewing their content and using the Services. 19.5 Objectionable Material SatCure do our best to filter unwanted material, but while using the Services the Customer may encounter Content that the Customer finds objectionable or offensive, and which may or may not be identified as being of an explicit nature. The Customer agrees to use the Services at the Customer's own risk and SatCure will have no liability to the Customer for such Content.
20.1 Applicable laws require that some of the information or communications SatCure send to the Customer should be in writing. Electronic Signature(s): The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the SatCure web site. Furthermore, The Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. Explanatory note: When using SatCure's Site, the Customer accepts that communication with us will be mainly electronic. It is a condition of sale that the Customer will provide us with a reliable working email address that does not block or discard SatCure's messages. SatCure will contact the Customer by email or provide the Customer with information by posting notices on SatCure's Site. 20.2 All notices given by the Customer to us must be given to SatCure at the address or email form specified in the Email area of the Site. SatCure may give notice to the Customer at the email or postal address the Customer provides to us when placing an order, or by posting the notice on the Site. Notice will be deemed received immediately when posted on SatCure's Site, 24 hours after an email is sent, or 3 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 email, that the email was sent to the specified email address of the addressee or posted on the web site Support Ticket page. 20.3 All communication from us to the Customer will be via email or a notice posted on SatCure's web site "support ticket system". SatCure will not normally contact the Customer by telephone except in an emergency. If the Customer insist that SatCure contact the Customer by telephone SatCure may charge the Customer £1 per minute. SatCure will not normally communicate by letter since this involves additional costs for printing and posting. SatCure may charge the Customer £15 per letter if the Customer force us to communicate this way. Explanatory note: telephone calls are time consuming and more expensive than email. They leave no written record and can not easily be audited. They lead to mistakes in spelling and stock codes. They allow the Customer to "jump the queue" when other customers may have more urgent problems. 21.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between the Customer and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter. 21.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise. 21.3 No breach by either the Customer or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other. 21.4 No failure or delay by either the Customer or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either the Customer or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 21.5 These Terms shall be binding on and ensure for the benefit of each party's successors in title. 22. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with English law and the Customer and SatCure hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms. SatCure Distribution is a trading name of Vision Aids Ltd. VAT Registration: GB715 2934 38 PO Box 73, Oakengates, Telford, TF2 8WR, United Kingdom SatCure Distribution complies with the Waste Electrical and Electronic Equipment regulations. The Customer is encouraged to return such equipment to us for safe disposal or recycling. See more info. |