Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) and /or services (“Services”) listed on our website www.tjhall.co.uk (our site) to you.
Products/Services mean: goods ordered and delivered only, installation subject to separate charge.
and which are more fully particularised in Schedule 1 below.
In particular we draw your attention to the following terms and conditions contained within the terms of website use, the acceptable use policy and the privacy policy which together with this document constitute our agreement.
Please read these terms and conditions carefully before ordering any Products and/or Services from our site and/or representative. You should understand that by ordering any of our Products and/or Services, you agree to be bound by these terms and conditions. IN PARTICULAR PLEASE READ OUR CONDITIONS ON INDEMNITY AND LIABILITY.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order or use any Products and/or Services from our site.
1 Information About Us and use of Your Information
1.1 www.tjhall.co.uk is a site operated by T J Hall Limited (we). Our main trading address is 13 Dukes Close, Earls Way Industrial Estate, Thurmaston, Leicester, LE4 8EY. Our VAT number is 690 0798 12
1.2 We are registered under the Data Protection Act 1998 and in using our website and buying our Products and/or Services you agree to our Privacy Policy which may be read here. Please also read condition 21 below.
2 Service Availability
2.1 Our site is only intended for use by businesses resident in England, Scotland, N Ireland & Wales, inclusive of the Channel Isles & Isle of Man and the Republic of Ireland. We do not accept orders from businesses & individuals outside those countries.
3 Your Status
By placing an order through our site, you warrant that:
3.1.1 The person signing this agreement has actual authority to contract on behalf of the business concerned as authorised employee, director or partner;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in either England, Scotland, N Ireland & Wales, inclusive of the Channel Isles & Isle of Man and the Republic of Ireland.
3.1.4 You are accessing our site from that country.
3.1.5 You are a business owner or operator.
4 How the Contract is Formed between you and Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product and/or Service has been dispatched and/or activated (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation-i.e. our acceptance of your offer. Any information provided by us online or otherwise shall be considered as an invitation to treat only and/or representation and not as contractual terms and/or conditions.
4.2 The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until the dispatch of such Products and/or Services has been confirmed in a separate Dispatch Confirmation.
4.3 The Contract will be concluded in English.
4.4 In providing the Products and/or Services as stated in Schedule 1 to you, you agree that:
4.4.1 A refund cannot be given;
4.4.2 The price and full service specifications are as stated in Schedule 2;
4.4.3 Your access to the site and is subject to these terms and conditions;
4.4.4 We may modify or delete the website content without your prior notification and written consent for the purposes of maintaining legality and for maintaining integrity of our website;
4.4.5 You will not reveal your business log in code (if any) to any other person or party without our prior written consent. Failure to conform to such practise may mean civil and criminal legal proceedings being taken against you and the other party for which you will indemnify us and any third parties associated with us in full.
4.4.6 You will not lend, sell, swap or otherwise compromise the integrity of your business log-in details. You agree that log in codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain the purchase price paid by you.
4.4.7 You will safeguard log in codes and agree that replacement codes will not be generated by us at any rate exceeding one per day.
4.4.8 You agree to purchase on the basis of all applicable laws pertaining to the laws of England, Scotland, N Ireland & Wales, inclusive of the Channel Isles & Isle of Man and the Republic of Ireland, and will not utilise in any manner our website and business into disrespect.
4.4.9 You warrant to notify us within 7 days should your business have credit problems including but not limited to the appointment of an administrative receiver or administrator over any business asset; the entering into any voluntary arrangement with any creditor; where you as a sole trader become bankrupt or being a company you contemplate going into or go into administration or liquidation. You also agree to indemnify us in full for all damages, costs, claims, expenses and charges whether direct or indirect and consequential in nature as a result of such warranty being breached by you.
5 Our Status
5.1 Please note that in some cases, we may accept orders as agents on behalf of third party sellers. The resulting legal contract in these cases is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6 Your Rights-No Rights to Cancel
6.1 As you are not contracting as a consumer, you may not cancel a Contract in accordance with our refunds policy (set out in clauses 6.2 and 10 below).
6.2 Details of our refunds policy are provided in the Dispatch Confirmation.
7 Availability and Delivery
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8 Risk, Title and Product Recall
8.1 The Product will be at your risk from the time of delivery and for this reason you should insure adequately as part of any couriering service and/or cost. Products lost and/or damaged in transit will be at your risk and any claims should be made to your courier business and/or insurers.
8.1 Ownership of the Product will be retained by us until such time payment of the Product is made in full. You will insure (with reputable insurers) those Products at your premises to their full replacement value against all risks which it is prudent to insure against. You agree that until we have received full payment for the Products and/or Services we shall be entitled to enter any premises controlled or managed by you where such Products are kept to recover the Products.
8.2 Until such time payment of the Product is made in full you shall mark clearly the Product as belonging to us and you shall afford us all and any reasonable access on reasonable notice to inspect this has occurred.
8.3 You may not resell such Products which have not been paid in full and any attempt to do so shall not pass legal title onto any purchaser.
8.4 You shall comply with our guidelines (and those of any manufacturer) where given concerning storage and use of the Products but are advised to consider where appropriate the advices provided by your own Health and Safety advisers. In any event you agree to comply with any reasonable directions so issued by us concerning defect in Products and product recall.
8.5 We may at our discretion recall any Products already supplied by us and at our option replace such Products or refund any price paid for them.
9 Price and Payment
9.1 The price of any Products and/or Services will be as quoted at the time of presentation visit and/or on our site and/or below in Schedule 2 from time to time, except in cases of obvious error.
9.2 These prices are nett and exclude VAT unless clearly stated, and any relevant delivery and installation costs which will be added to the total amount due as set out in Schedule 2.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product and/or Service to you (give you a reduction) wherever reasonably possible and will issue you with a credit note for your benefit. If a Product’s and/or Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product and/or Service (to give you the option to pay the increased price), or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product and/or Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by cash transfer such as BACS, credit or debit card. We accept payment with Visa, MasterCard, Maestro/Solo & Visa Debit. We will not charge your credit or debit card until we process and/or despatch your order.
10 Our Refunds Policy
10.1 In order to keep advertising prices low our business model aims to reduce waste and administration to the minimum and you agree that no refund of Products and/or Services will be possible.
11 Liability and Indemnity-
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Likewise services provided will conform to all implied conditions under the Sale of Goods and Services Act 1982.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product and/or Service you purchased as detailed in Schedule 2. In the unlikely event that this clause is deemed void and unenforceable at law in the alternative the higher of the purchase price and £1000 shall apply.
11.3 You agree you have agreed to this limit which you accept is fair and reasonable taking into account the following: your ability to insure yourself, the low price offered which would otherwise be higher were we not to agree to such a limit as quoted in 11.2 above, your own proportionate liability and responsibility, your ability to find and use alternative suppliers and solutions to your business needs and your ability to obtain independent legal advice.
11.4 This does not include or limit in any way our liability:
11.4.1 For death or personal injury caused by our negligence.
11.4.2 For fraud or fraudulent misrepresentation; or
11.4.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4.4 Where you buy any Product and/or Service from a third party seller through our site (such as with a seller of venue goods and/or services), the seller's individual liability will be set out in the seller's own terms and conditions which you can request directly.
11.4.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue or opportunity, 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, even if foreseeable by or in the contemplation of the parties.
11.5 Without prejudice to any other right which we may have, you shall indemnify and defend us and our employees, agents, successors and assigns from and against all claims, demands, damages, fines, liabilities, costs and expenses (including management and all legal costs) that arise out of:
11.5.1 breach of any warranty in relation to the Products and/or Services;
11.5.2 breach by you of any term of the agreement;
11.5.3 negligence for which you are responsible in relation to Products and/or Services;
11.5.4 any infringement or alleged infringement of Intellectual Property Rights or any other rights whatsoever of any other person arising in connection with Products and/or Services (whether occurring by manufacture, importation, purchase, use, resale or otherwise);
11.5.5 any liability under consumer protection, advertising and all and any other safety, health and consumer legislation which relate to the Products and/or Services;
11.5.6 any claim by any consumer in respect of the Products as supplied by us and/or Services as performed by us.
11.5.7 financial or economic loss; or
11.5.8 special, indirect or consequential losses,
12 Termination
12.1 You agree we may terminate this agreement with you by giving you:
12.1.1 7 days written notice at any time at the discretion of our management whose decision shall be final and conclusive.
12.2 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if you:
12.2.1 make or propose any voluntary arrangement with your creditors (within the meaning of insolvency legislation) or (being an individual or firm) become bankrupt or (being a company) becomes subject to an administration order, are wound up or goes into liquidation (other than for the purpose of a solvent amalgamation or reconstruction), or;
12.2.2 have a receiver, administrative receiver, administrator or similar officer appointed over any of your property or assets, or documents are filed at court or any action taken in relation to the appointment of an administrator;
12.2.3 cease, or threaten to cease, to carry on business;
12.2.4 are unable to pay your debts as they fall due; or
12.2.5 suffer the occurrence of an event equivalent or similar in effect to any of the above events in any other jurisdiction.
12.3 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if:
12.3.1 acting reasonably we believe that any of the events mentioned above is about to occur and notify you accordingly; or
12.3.2 you fail to fulfil or comply with any of your obligations under the relevant agreement and such failure is not remediable, or where such failure is remediable you have failed to remedy such failure within 7 days of written notice from us specifying the failure and requiring its remedy.
12.4 The termination of any agreement under these Conditions shall be without prejudice to either party’s rights then accrued arising from such agreement or any breach thereof and to any provision of such agreement which is expressly or by implication intended to survive such termination.
13 Written Communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail by the address you provide or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14 Notices
14.1 All notices given by you to us must be given to T J Hall Limited at 13 Dukes Close, Earls Way Industrial Estate, Thurmaston, Leicester LE4 8EY or sales@tjhall.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent to the e-mail address above, 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 with sent receipt acknowledged.
15 Transfer of Rights and Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 Events Outside Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Logistics failure or shortfall outwith our control.
16.2.3 Motorway, road, rail or other transport disruption.
16.2.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.6 Electrical, electronic, telecommunication, telephone, server or website failure.
16.2.7 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.8 Impossibility of the use of public or private telecommunications networks.
16.2.9 The acts, decrees, legislation, regulations or restrictions of any government.
16.2.10 Impossibility of the use of public or private internet networks.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17 Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
18 Severability
18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently or by deceit) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20 Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within two working days of receipt by you of the Goods and/or Services).
21 Data Protection and Privacy
21.1 In relation to all personal data, we shall at all times comply with applicable law as a data controller if necessary, including maintaining a valid and up to date registration or notification. “Personal data” and “data controller” have the meanings given to them in the Data Protection Act 1998.
21.2 We shall only process personal data in accordance with instructions from a consumer and shall not transfer any personal data to any country or territory which is not an EEA State.
21.3 We shall use appropriate technical and organisational measures to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. We shall supply on written request from a consumer details of such technical and organisational methods.
22 Law and Jurisdiction
22.1 Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England, Scotland, N Ireland & Wales, inclusive of the Channel Isles & Isle of Man and the Republic of Ireland.
23 Survivorship
23.1 Conditions 3,4,6,8,9,10,11,17,18 and 19 and this condition shall survive termination of the agreement incorporating them.
Schedule 1- Products and/or Services
Schedule 2-prices for Products and/or Services:
As stated in our website which shall be binding except for administrative errors and/or omissions which we shall rectify in our absolute discretion and shall either offer you a credit note as we agree.