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Terms & Conditions

Overview

This website is the online store for CA Trade Supplies, a trading arm of Cool Air (Worksop) Ltd, registered in England with Company Number 07057044. Throughout the site, the terms “we”, “us” and “our” refer to Cool Air (Worksop) Ltd. This website, including all information, tools and services available from this site to you, the user is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Your Status

By placing an order through our site, you warrant that: You are legally capable of entering into binding contracts and are at least 18 years of age

Payment

Visa Credit, Visa Debit, Visa Electron and MasterCard are accepted as methods of payment. All transactions are in pounds sterling.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Quality Assurance

If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship, contact us at any time and we will work with you to deal with the problem. This may involve a repair, providing a replacement product or giving you a full or partial refund. Your rights, defined in the Consumer Rights Act 2015, are not affected by these terms.

Product Availability

On the rare event that a product is unavailable for whatever reason, we will contact you to offer a suitable alternative product. We will not supply you with an alternative product unless we receive instruction from you that you wish us to do so. If you opt not to purchase an alternative product, we will refund the full value of the product and any applicable carriage charges incurred at the point of order.

With regards Risk and Title the Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally review prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will refund the difference before dispatching the Product to you.  If a Product’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, or reject your order and notify you of such rejection.  We are under no obligation to provide the Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

Delivery

Our delivery details can be seen here.

Returns & Refunds

Our returns and refunds policy can be seen here.

Our Liability

  1. A) We warrant to you that any Product purchased from us through the site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
  2. B) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  3. C) This does not include or limit in any way our liability: a) For death or personal injury caused by our negligence; b) Under section 2(3) of the Consumer Protection Act 1987; c) For fraud or fraudulent misrepresentation; or d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability,
  4. D) 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, including but not limited to:

Loss of income or revenue
Loss of business

Loss of profits or contracts
Loss of anticipated savings

Loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable]; provided that this clause D shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause A or clause B or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause D.

Written Communications

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 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 requirements that such communications should be in writing.  This condition does not affect your statutory rights.

We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other of the ways specified in the previous paragraph under the heading ‘Written communications’.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer of Rights & Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.  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. 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.

Unexpected Circumstances

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.  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

Strikes, lock-outs or other industrial action

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

Restrictions to the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Restrictions to the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

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.

Modification to Services or Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend and hold harmless Cool Air (Worksop) Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Waiver

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.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  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 these terms and conditions

Revisions to Terms & Conditions

We reserve 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 or any other changes.  You will be subject to the policies and terms and conditions in force at the time that you order products 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 the 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 seven working days of receipt by you of the Products).

Your Statutory Rights are unaffected by anything appearing in these terms and conditions.

These terms of business will be governed by English law. Any disputes will be dealt with by the English courts.

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