TERMS AND CONDITIONS FOR ONLINE SALES OF PRODUCTS TO TRADERS

Last updated 10th June 2014

(1) About these terms of sale

The following terms of sale apply in relation to your orders and the purchase of products from our website.

These terms of sale apply to traders only. A “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

These terms of sale and any document expressly referred to in them including our website terms of use and our Security and Privacy Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms of sale, any document expressly referred to in them, our website terms of use or our Security and Privacy Policy.

In particular your attention is drawn to the sections on “your commitments to us” (clause 5) and “our liability to you” (clause 6).

You will be asked to expressly agree to these terms of sale before you place an order for products from our website. If you place an order, by doing so you agree to be legally bound by these terms of sale.

If you have any questions about these terms of sale, please contact us before continuing. If you do not wish to accept them, we must ask that you do not order products from this website.

We may occasionally update these terms of sale, for example to comply with changes in the law or to take account of new ordering processes or new products or services we may offer. You should read the latest version on this website whenever you place an order to ensure you are happy with any changes. Any revisions will not affect the terms of any contracts which we have already entered into with you.

Neither you nor we intend that these terms of sale will be enforceable by anyone except you and us (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

We will not necessarily file a copy of these terms of sale specifically in relation to your order. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

(2) Order process

The advertising of products on our website constitutes an “invitation to treat” and your order for products constitutes a contractual offer to purchase from us. This means that the product details and pricing on our website are for information only and we will not be legally bound to supply those products at the prices shown unless and until we accept your order in accordance with the procedure detailed below. No contract will come into force between you and us until we confirm acceptance of your order.

In order to purchase products from us, you will need to take the following steps:
(a) select the products you wish to purchase and add them to your shopping basket, and then proceed to the checkout page;
(b) if you are a new customer, you can choose to create an account with us but you do not have to do so in order to make a purchase. If you already have an account with us, you can enter your log-in details to make a purchase using your pre-registered account details;
(c) once you have created your order, you must select your preferred method of delivery and then confirm your order and your consent to these terms of sale;
(d) if applicable, you may enter a discount/voucher code to get money off the price of the product;
(e) you will be transferred to the website of our online payment provider and they will handle your payment;
(f) once your payment has been processed we will send you an acknowledgement email at which point your order is treated as accepted by us and will become a binding contract, or we will confirm by email that we are currently unable to meet your order.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order. It is your responsibility to ensure that your order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. Spontex cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information.

We do our best to ensure that all products shown on this website are available to order. However, if any products that you have ordered are out of stock or no longer available we will attempt to contact you.

If you have any problems with your order, please contact us.

(3) Delivery information

Please refer to our Delivery and Returns Policy for important information about how we will deliver the products you order.

(4) Price and payment

Prices for products are quoted on our website. We regularly check prices but the website contains a large number of products and despite our best efforts it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of the order process so that a product's correct price will be stated at the point when you pay for the product.

Delivery costs for products will be confirmed prior to you submitting your order, depending on which delivery method you select.

The prices on the website include all taxes, including VAT (where applicable).

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if payment is not received from you in full in cleared funds.

Payment for all products must be made using the payment facilities available through our website.

We reserve the right to change prices for products at any time, but changes will not affect your orders which we have already accepted.

(5) Your commitments to us

As a condition of ordering from us, you promise to us that:
(a) you have authority to agree to these terms of sale on behalf of any business for which you are acting;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products; and
(d) you are a business located in, England, Scotland, Wales or Northern Ireland.

We may withhold the products and/or cancel the contract between us if you do not meet any of the above conditions.

(6) Our liability to you

Our maximum aggregate liability arising out of or in connection with these terms and conditions, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including any liability arising from a breach of, or a failure to perform or defect or delay in our performance and/or any defect in any of the products, in each case howsoever caused (including if caused by negligence) (“Liability”) will be limited to the amount paid by you to us for the products to which the liability relates.

We will have no Liability to you for any:
(a) loss of profit;
(b) loss of revenue, loss of production or loss of business;
(c) loss of goodwill, loss of reputation or loss of opportunity;
(d) loss of anticipated savings or loss of margin;
(e) event or series of events beyond our reasonable control;
(f) liability that you have to third parties;
(g) indirect, consequential or special loss.

Nothing in these terms of sale will operate to exclude or restrict our Liability (if any) to you:
(a) for death or personal injury resulting from our negligence or the negligence of a person for whom we are vicariously liable (negligence being as defined in Section 1(1) Unfair Contract Terms Act 1977);
(b) for our fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom we are vicariously liable;
(c) for breach of our obligations arising under section 12 Sale of Goods Act 1979;
(d) for breach of our obligations arising under Section 2 Supply of Goods and Services Act 1982;
(e) for breach of our obligations arising under Section 8 Supply of Goods (Implied Terms) Act 1973; or
(f)  for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, our liability.

All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are hereby excluded to the fullest extent permissible in law.

(7) Risk and ownership

Once the products have been delivered to you, it is your responsibility to take care of them and any damage occurring to them will be at your own risk.

You should inspect the products when you receive them for defects or damage. If you find that they are already defective or damaged or not what you ordered, you should tell us as soon as possible so that they can be returned to us in accordance with our Delivery and Returns Policy.

Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not yet passed to you.

(8) Returns and refunds

Please refer to our Delivery and Returns Policy for further information about returning products and obtaining refunds.

(9) Governing law and jurisdiction

English law applies to these terms of sale. If any disputes arise between you and us in relation to these terms of sale and you want to take court proceedings, you will do so in the English courts.