Website Terms of Use

Introduction

Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.

These terms and conditions are a contract between you and us covering use of our website. The sale of goods via our website is subject to separate terms and conditions.

Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

Changing these terms and conditions

We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the new terms if you continue to use our website after the effective date shown.

Other peoples’ services / advertising / websites

If we permit you to create an account on our website, this is for your personal use only. You must not allow anyone else to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.   You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

We are entitled at any time for any reason and with or without notice to close your account on our site.

Restrictions on our legal responsibility – very important

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

If you are a Consumer, we are not responsible for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business.

If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

The following clauses apply only if you are a business:

• In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
• We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

Intellectual property rights

The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. For your personal and internal business use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or altering it or taking extracts from it without our specific prior written consent.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

If our website doesn’t work properly

We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.

Things we can’t control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Your personal information – see our privacy policy

You agree that we can deal with your personal information in accordance with our Privacy Policy, which may change from time to time.

English law and courts.

These terms and conditions are covered by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

General but important information

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later.  We may transfer this agreement to someone else but this will not affect your rights or obligations.A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Information about us

Company name: James Raeburn & Son Ltd

Trading name: “JRS Industrial”

15.3

Country of incorporation: Scotland

Registered number: SC535972

Registered office: Unit 1G, Langlands Commercial Park, East Kilbride, Scotland, G75 0RH

Contact address: Unit 1G, Langlands Commercial Park, East Kilbride, Scotland, G75 0RH

Contact email address: sales@jrsindustrial.co.uk

Other contact information: sales@jrsindustrial.co.uk

VAT number: GB 241577407

 Introduction

These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply to general use of our site.) They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.

Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

 IMPORTANT WARNINGS

THIS SECTION CONTAINS CRUCIAL INFORMATION ABOUT OUR PRODUCTS THAT WE WANT TELL YOU ABOUT RIGHT AT THE START

Some of thegoods that we sell are potentially dangerous. It is your responsibility to ensure that the goods are installed, handled, stored, used and disposed of only:

• in accordance with the manufacturer’s instructions (and  any instructions that we provide) and with all applicable laws and regulations;
• by persons with the appropriate level of training, qualifications, skill and experience; and
• with reasonable care and skill.
  
  

Giving us accurate information
THIS SECTION HIGHLIGHTS THE IMPORTANCE OF CHECKING THE INFORMATION YOU GIVE US

You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.

How you enter a legal contract with us
THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

When you place an order, you are making an offer to buy from us.

If you order online, you place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.

If you order offline, you place your order by sending us back the signed order form.

We accept your offer and there is a binding legal contract when we send you a confirmation email.

However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have been charged.

Paying us
THIS SECTION EXPLAINS YOUR PAYMENT OBLIGATIONS

Payment is in advance, unless we agree credit terms in writing. The prices shown include any applicable VAT or other sales tax  unless we say otherwise.We are entitled not to send you the goods until we have received full payment in cleared funds.

If we provide credit terms, invoices are payable within 30 days unless otherwise stated on the invoice.

If we charge for delivery, these costs will be shown when you place your order and may depend on the delivery method chosen. NBAny delivery charges don’t include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made.

You agree to contact us immediately with full details if you dispute any payment.

You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our service. We aren’t responsible for what they do or don’t do.

Unless we agree in writing to provide credit terms, goods will only be despatched once we have received payment in full in cleared funds. If we provide credit terms, invoices are payable within 30 days unless otherwise stated on the invoice.

If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made.

If you are not a Consumer:

1. you must make all payments without any set-off, counterclaim or any other deduction and time is of the essence for all payments under this agreement; and
2. we are entitled to charge you interest (both before and after judgment) on any unpaid amounts at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

Discount codes on our website
THIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE

We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Our right to end the contract
THIS SECTION EXPLAINS WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS

We are entitled to end this contract at any time including not sending you the goods if:

1. any amount due to us is unpaid (including unjustifiable chargeback);
2. you or anyone on your behalf acts inappropriately towards our staff; or
3. acting reasonably, we think that you have not complied with these terms or that it is necessary to protect you, us or others.

Artwork and designs
THIS SECTION DEALS WITH OUR RESPECTIVE OBLIGATIONS REGARDING LOGOS AND OTHER ARTWORK YOU SUPPLY US AND DESIGNS WE CREATE FOR YOU

You agree to ensure that any logos/artwork you send us complies with any format requirements on our website or that we otherwise tell you about.

We are not responsible if there are any errors in the artwork you send us.

You guarantee that you have all necessary legal rights (including copyright) to use any artwork that you supply to us.

We will take reasonable steps to send you the design proof within three business days of receiving your artwork, but we cannot guarantee this.

You agree to carefully check all details of the design proof we send you (including quality, colour, spelling, and size) and that once you approve the design:

1. we are not responsible for any errors in the design; and
2. you cannot change your order and any further changes requested will be treated as a new order.

You agree to provide your comments on / approval of the design proof within 14 of receipt and we are entitled to end this contract if you do not do so. If so, we will provide a full refund.

You are entitled to cancel your order for a full refund, if you tell us by email at any time before you approve our design proof.

Delivery
THIS SECTION EXPLAINS OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY

Delivery is only to the countries we specify on our website and is otherwise subject to any geographical or other restrictions we have explained. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.

Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.

If your order includes age-restricted goods, you agree to ensure that someone aged 18 years or older is available to accept delivery. We can refuse to deliver if we think that the recipient may be underage.

If there is no answer, we may, but aren’t obliged to, leave the goods at the doorstep, hall or reception as available, or with a neighbour.

If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If no one is available to accept delivery on a second occasion, we are allowed to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.

If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address, not paying customs/import charges, not immediately contacting the courier to arrange re-delivery after a first unsuccessful delivery attempt, refusing or failing to accept delivery) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we incur. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).

You agree to dispose of any packaging and waste arising from delivery of the goods in accordance with all applicable laws and regulations.

This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within two business days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement including appropriate photos. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.  

When you become the legal owner of the goods
THIS SECTION EXPLAINS WHEN FORMAL LEGAL OWNERSHIP PASSES FROM US TO YOU

You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.

Small differences in the goods  

THIS SECTION EXPLAINS THAT THE GOODS OR PACKAGING MAY (LEGITIMATELY) BE A LITTLE DIFFERENT TO WHAT YOU EXPECT

We take reasonable care to ensure that the images and descriptions of goods appearing on our website display the appearance / colour / texture / finish of our goods as accurately as possible. However, there may be minor differences between the goods you receive and the way that they appear on our website. For example, the colour tone may differ.

The labelling or packaging of the goods you receive may also differ from the images of these which you see on our site. You agree to check the product description for more details and to contact us for further information if anything is unclear.

B2BC Consumer legal right to cancel (“cooling off”)
THIS SECTION AND THE ANNEX AT THE END EXPLAIN THE LEGAL RIGHTS THAT YOU MAY HAVE IF YOU WANT TO RETURN UNWANTED GOODS WITHIN 14 DAYS

If you are a Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods if you comply with the requirements explained in the Annex at the end of this document. This right is not affected by any separate returns policy on our website.

However, there is no right to cancel contracts for the supply of:

1. goods made to your specifications, or which are clearly personalised; or
2. goods liable to deteriorate or expire rapidly.

However, you lose the right to cancelcontracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

Restrictions on our legal responsibility for goods – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

The following clauses apply only if you are a Consumer:

1. We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.  
2. We are not responsible for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

1. You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

• The following clauses apply only if you are not a Consumer:
  1. Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods.
  2. In no event (including for our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
  3. We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
  4. You will indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault).
  5. Subject to the other terms of this agreement, we warrant that the goods shall be of satisfactory quality.
  6. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  7. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Your personal information
THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY

You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

Things we can’t control
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Transferring this contract to someone else
THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law and courts
THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE

These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.  

General
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

Complaints

20.1

If you have any complaints, please contact us via the contact details shown below.

Information about us

Company name: James Raeburn & Son Ltd

Trading name: “JRS Industrial”

21.3

Country of incorporation: Scotland

Registered number: SC535972

Registered office: Unit 1G, Langlands Commercial Park, East Kilbride, Scotland, G75 0RH

Contact address: Unit 1G, Langlands Commercial Park, East Kilbride, Scotland, G75 0RH

Contact email address: sales@jrsindustrial.co.uk

Other contact information: See our website/contact page

VAT number: GB 241577407