1. ABOUT US
- 1.1 Company details. Steve Vick International Limited (company number 01564477) (we and us) is a company registered in England and Wales and our registered office is at 19 Treenwood Industrial Estate, Bradford-On-Avon, Wiltshire, BA15 2AU. Our main trading address is 19 Treenwood Industrial Estate, Bradford-On-Avon, Wiltshire, BA15 2AU. Our VAT number is GB543 4915 39. We operate the website https://www.stevevick.com/.
- 1.2 Contacting us. To contact us telephone our customer service team at 01225 864864 or email info@stevevick.com. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2. OUR CONTRACT WITH YOU
- 2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
- 2.2 Entire agreement. The Contract, along with our Website Terms and Conditions constitute the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- 2.3 Language. These Terms and the Contract are made only in the English language.
- 2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. PLACING AN ORDER AND ITS ACCEPTANCE
- 3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
- 3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- 3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.
- 3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it and to confirm a likely lead time for dispatch, at which point the Contract between you and us will come into existence. This typically happens within 24 hours of your order.
- 3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, such as a mistake made by us or if the Goods are out of stock, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. OUR GOODS
- 4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
- 4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
- 4.3 The packaging of your Goods may vary from that shown on images on our site.
- 4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. CANCELLATION, RETURN AND REFUND
CANCELLATION
- 5.1 To cancel the Contract, you must email sales@stevevick.com or contact our Customer Services team by telephone on 01225 864864. When contacting us please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date that we receive the email.
- 5.2 You may cancel the Contract and receive a refund if you notify us, as outlined in clause 1, within 1 day of our acceptance of your order in accordance with clause 3.4, or, if earlier, prior to us notifying you that the Goods have been dispatched. If Goods have been dispatched prior to us receiving your cancellation request in accordance with clause 5.1, the Goods will need to be returned in accordance with clause 5.4 to 5.7 inclusive.
- 5.3 This cancellation right does not apply in the case of any Goods which have been customised or bespoked.
RETURN
- 5.4 You may return the Goods to us within 30 days of receipt by you of the Goods.
- 5.5 Where any Goods are returned to us as a result of being faulty or damaged, or if the Goods received were not the Goods you ordered, you will be refunded in full to the credit card or debit card used to pay. Goods returned for any other reason will be subject to restocking fee of 25% of the Goods purchase price (Re-Stocking Fee) which will be automatically deducted, and the balance of the refund returned to you, subject to clause 5.6 below.
- 5.6 On receipt of the returned Goods, a suitably qualified employee of the Company will inspect the condition of the Goods. We reserve the right to deduct further costs from any refund due to you in the event that the Goods are damaged in your care. Any proposed deductions will be notified to you as soon as reasonably practicable after receipt of the returned Goods.
- 5.7 Notwithstanding this clause 5, we cannot accept a refund of any of the following:
- 5.7.1 discontinued items;
- 5.7.2 Goods which have less than six months remaining on their shelf life;
- 5.7.3 Goods which are not in the manufacturer’s original packaging or any Good that is opened, in our opinion damaged beyond repair or defaced;
- 5.7.4 any customised or bespoke products; and
- 5.7.5 any used Goods.
6. DELIVERY, TRANSFER OF RISK AND TITLE
- 6.1. Goods can be delivered to your nominated address or collected from any of the click & collect depots selected by you at checkout.
- 6.2 Where the Goods are being delivered to you:
- 6.2.1 we will contact you with an estimated delivery date when we accept your order. Delivery of the Goods will be within 30 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens; and
- 6.2.2 delivery is complete once the Goods have been unloaded at the address for delivery set out in your order, and you have checked the Goods and confirmed you are happy to accept them. Goods will be at your risk from that time.
- 6.3 Where the Goods are being collected:
- 6.3.1 we will contact you with an estimated collection date when we accept your order. Collection of the Goods will be within 30 days after the date on which we email you to confirm our acceptance of your order. Occasionally our provision of the Goods for collection by you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens; and
- 6.3.2 delivery is complete once the Goods have been collected by you or a carrier organised by you to collect them from us and you or they have checked the Goods and confirmed you or they are happy to accept them. Goods will be at your risk from that time.
- 6.4 The Goods must be checked on delivery of collection. If the Goods cannot be checked on delivery or collection, they will be marked as “unchecked” and should be checked within 24 hours. If there are any issues with the Goods please email sales@stevevick.com within 24 hours of delivery of collection. The Goods will be deemed to have been accepted unless any issues are flagged within 24 hours of delivery or collection. We reserve the right to refuse returns of “unchecked” Goods.
- 6.5 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods, or if you fail to collect the Goods.
- 6.6 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, or if you do not collect the Goods within 10 days of us notifying you that the Goods are ready to collect, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting any costs in accordance with our return and refund policy, reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.
7. NO INTERNATIONAL DELIVERY
- 7.1 Unfortunately, we do not deliver to addresses outside the UK.
8. PRICE OF GOODS AND DELIVERY CHARGES
- 8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
- 8.2 Prices for our Goods are subject to review and therefore may change from time to time, but changes will not affect any order you have already placed.
- 8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
- 8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
- 8.5 We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. HOW TO PAY
- 9.1 You can only pay for Goods using a debit card or credit card and we will process payments via Stripe.
- 9.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
10. TRAINING
- 10.1 Training on all of our products and services is highly recommended. If you would like to better understand how to use the Goods you have purchased, training is available on request. Please contact info@stevevick.com for further information on booking training and costs.
- 10.2 Please note that you are not required to undergo any training with us to purchase the Goods. Training is an optional extra and does not result in any qualification or accreditation whatsoever in respect of the Goods purchased.
11. OUR WARRANTY FOR THE GOODS
- 11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
- 11.2 We provide a non-transferable warranty for a period of 12 months from delivery of all hardware products (the Warranty Goods).
- 11.3 The Warranty Goods shall:
- 11.3.1 subject to clause 4, conform in all material respects with their description;
- 11.3.2 be free from material defects in design, material and workmanship;
- 11.3.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- 11.3.4 be fit for any purpose held out by us.
- 11.4 Subject to clause 11.5, if:
- 11.4.1 you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
- 11.4.2 we are given a reasonable opportunity of examining the Goods; and
- 11.4.3 we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- 11.5 We will not be liable for breach of the warranty set out in clause 11.2 if:
- 11.5.1 you make any further use of the Goods after giving notice to us under clause 11.4;
- 11.5.2 you alter or repair the Goods without our written consent;
- 11.5.3 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- 11.5.4 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- 11.6 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
- 11.7 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
- 11.8 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- 12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- 12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
- 12.3 Nothing in these Terms limits or excludes our liability for:
- 12.3.1 death or personal injury caused by our negligence;
- 12.3.2 fraud or fraudulent misrepresentation;
- 12.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 12.3.4 any other liability that cannot be limited or excluded by law.
- 12.4 Nothing in the Terms shall limit or affect the exclusions or limitations set out in our Website Terms and Conditions.
- 12.5 Subject to clause 12.3, we will under no circumstances be liable to you for:
- 12.5.1 any loss of profits, sales, business, or revenue;
- 12.5.2 loss or corruption of data, information or software;
- 12.5.3 loss of business opportunity;
- 12.5.4 loss of anticipated savings;
- 12.5.5 loss of goodwill; or
- 12.5.6 any indirect or consequential loss.
- 12.6 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
- 12.7 You acknowledge that we are not responsible for any loss of, or damage to, the Goods arising out of or in connection with any negligence, misuse, mishandling of the Goods or otherwise caused by you or your officers, employees, agents and contractors.
13. TERMINATION
- 13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
- 13.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
- 13.1.2 you fail to pay any amount due under the Contract on the due date for payment;
- 13.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- 13.1.4 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- 13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
- 13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. EVENTS OUTSIDE OUR CONTROL
- 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- 14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- 14.2.1 we will contact you as soon as reasonably possible to notify you; and
- 14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you or our ability to provide the Goods for collection, we will arrange a new delivery or collection date with you after the Event Outside Our Control is over.
- 14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any Goods you have already received and we will refund the price you have paid in accordance with our refund policy, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
- 15.1 When we refer to “in writing” in these Terms, this includes email.
- 15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
- 15.3 A notice is deemed to have been received:
- 15.3.1 if delivered by hand, at the time the notice is left at the proper address;
- 15.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- 15.3.3 if sent by email, at 9.00 am the next working day after transmission.
- 15.4 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.
- 15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. GENERAL
- 16.1 Assignment and transfer
- 16.1.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
- 16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- 16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- 16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
- 16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- 16.6 Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
