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Terms and Conditions

DU02047.92

CST

WEBSITE TERMS AND CONDITIONS

Allison Stiven Ltd.

These Terms and Conditions (the "Conditions") apply when you use the Website (defined below), register as a User (defined below) of this Website and/or make a Purchase (defined below) from us, Allison Stiven Ltd, a company incorporated under the Companies Acts (Registered Company Number SC292048) and having its registered office address at First Floor, 2B Valentine Court, Kinnoull Road, Dundee, DD2 3QB ("We/Us/Our"). Please read through the Conditions carefully. If you do not agree to these Conditions, you may not use or access this Website or make a Purchase.

1. Definitions

1.1 In these Conditions, the following words shall have the meanings set opposite:-

"Customised Goods"

means any Goods we customise for you to incorporate your branding, logo, or other insignia or any Goods that are specifically made to your order;

"Goods"

means the goods advertised for sale on the Website, including but not limited to personal protective workwear and equipment, first aid products, hygiene products;

"Intellectual Property"

means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world;

"Order"

means a request to purchase Goods and/or Customised Goods submitted through the Website;

"Personal Information"

means the information provided by you, on registering with the Website or making a Purchase from the Website;

"Purchase"

means a purchase of Goods and/or Customised Goods advertised on the Website made by you submitting an Order as detailed in paragraph 4 and making payment for Goods and/or Customised Goods as detailed in paragraph 5;

"Trade Account Customers"

means those Users of the Website who have a trade account with Us;

"Users"

means a registered user of the Website;

"Website"

means the website located at www.allisonstiven.co.uk and any subsequent URL which may replace it.

2. Access

You are provided with access to this Website in accordance with these Conditions and any Purchases made by you must be made in accordance with these Conditions.

3. Registration

3.1 To make a Purchase you are obliged to register with this Website and provide certain Personal Information, to Us. If you do not register with the Website means you will be unable to make a Purchase on the Website. Please note that you must be aged 18 or over to make a Purchase from this Website.

3.2 You must ensure that any Personal Information provided to us when you register with this Website is true, accurate, current and complete in all respects.

3.3 You must notify Us immediately of any changes to any Personal Information supplied to Us.

3.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.

3.5 Once registration with the Website is complete, you will be given a password which you require to keep confidential. The password should be used by you to access the Website and make Purchases. You should not allow any third party to become aware of your password and/or allow unauthorised access to your account. You are obliged to inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.

3.6 We reserve the right, at our reasonable discretion, to refuse access to the Website and/or terminate registration of any User for any reason.

3.7 Any and all Personal Information you provide will be held in strict accordance with our Privacy Policy

4. Purchasing Goods from the Website

4.1 Goods are purchased from the Website by the User submitting an Order on the Website. This process involves the following steps:-

4.1.1 View Goods available for purchase by clicking on the “product icons” button on the Website.

4.1.2 Select Goods and/or Customised Goods by adding these to your "shopping basket" by clicking the “add to basket” button.

4.1.3 Once you have finished shopping, click on the “checkout” button. You will then be asked to input your email and password.

4.1.4 At this stage you will leave our Website and be directed to the Worldpay secure payment gateway (“Worldpay”) where you will be required to input payment details to complete the Order. Please note that your card details are never stored on our servers.

4.1.5 Payment can be made by credit or debit card. All card transactions are processed through the Worldpay. Worldpay accepts most major credit and debit cards, including Visa, Visa Delta, Visa Electron, MasterCard, Switch, Solo and Maestro.

4.1.6 All credit/debit card purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us, We will not accept your Purchase.

4.2 The prices shown on the Website are inclusive of VAT where applicable at the current rates. VAT is added to the total price payable by you before you make payment.

4.3 Once We have received your Order and payment for the Goods and/or Customised Goods, We will then send you a confirmation email, confirming your Order and the delivery details (if applicable) or collection availability. Only at this stage will your Purchase be complete and the contract between you and Us is formed.

4.4 We will advise you in the confirmation email if the Goods and/or Customised Goods ordered are out of stock. Under such circumstances We will provide you with an estimate of when the Goods and/or Customised Goods will be in stock and when they will be delivered to you. If, for any reason, you do not wish to delay your Order until such time as the Goods and/or Customised Goods are in stock, We will refund any monies paid.

4.5 The Goods and/or Customised Goods which have been ordered will be delivered or can be collected in accordance with paragraph 5.

5. Delivery or Collection

5.1 Delivery

5.1.1 Goods will be dispatched either directly from the manufacturer/supplier or from Our warehouse. Goods are delivered to you by Fedex within 72 hours of the receipt of payment by Us.

5.1.2 Customised Goods will be delivered to you by Courier or Post within 5 days of receipt of payment by Us.

5.1.3 Alternative delivery options (including delivery by Us) may be arranged at an additional cost. Delivery will be as detailed in the confirmation email referred to in paragraph 4.3 above.

5.2 Occasionally delivery times set out above may be affected by (i) factors beyond Our control; or (ii) if We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or (iii) where the Goods and/or Customised Goods are to be delivered by Us, the premises (or the access to them) are unsuitable for Our vehicle. In such circumstances, We will let you know if We become aware of an unexpected delay and will arrange a new delivery date with you.

5.3 If We are unable to deliver the whole of the Purchase at one time due to operational reasons or shortage of stock (as notified to you), We will deliver the Goods and/or Customised Goods to you in instalments. We will not charge you extra delivery costs for this.

5.4 Collection

Alternatively, you can chose to collect your Purchase from Our premises at 12c Kilspindie Road, Dunsinane Industrial Estate Dundee, DD2 3JP. We will advise you in the confirmation email referred to in paragraph 4.3 above as to when Goods and/or Customised Goods are available for collection.

6. Risk and Title

6.1 The Goods and/or Customised Goods will be at your risk from the time of delivery.

6.2 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.

7. Cancellations and Refunds

7.1 Goods can be cancelled up to 7 working days after the day on which you receive such Goods. Users wishing to cancel an Order can do so by emailing info@allisonstiven.co.uk Notification that your Order has been cancelled will be sent to your email address.

7.2 You have the right to examine Goods once received by you. In doing so, however, you must not tamper, damage or otherwise remove any hygienic seals on the Goods. Refunds will only be given where cancelled Goods are returned to Us undamaged and unused (including where hygiene seals have not been tampered with, damaged or removed) within 7 days of cancellation, along with the original packaging. Subject to paragraph 7.3 below, you will be liable for the cost of returning cancelled Goods. Refunds will be made within 72 hours after return of Goods or cancellation. Any Goods cancelled after this time will not be eligible for a refund.

7.3 We will refund the cost of returning any Goods which are faulty and/or damaged; or any Good which is offered as a substitute to that ordered. The cost of returning the Goods will be refunded within 7 days of Us receiving the Goods.

7.4 Please note that Orders placed for Customised Goods cannot be cancelled once you are in receipt of the confirmation email from Us.

8. The Website

8.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and or change these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you make a Purchase.

8.2 We use cookies in Our Website for the purposes of retaining customer history information, allowing the user to be identified in subsequent visits.

9. Warranty and Liability

9.1 We warrant to you that any Goods and/or Customised Goods purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

9.2 The information presented on the Website is believed to be accurate but should not be relied upon by the User for any particular purpose. We shall not be liable for the content or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available.

9.3 Subject to Condition 9.4 below, Our entire and aggregate liability to you arising under these Conditions or otherwise, including under the laws of negligence shall be limited to the purchase price of the Good or Customised Good purchased from Us.

9.4 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from Our negligence or that of Our representatives, agents or employees, or for fraud or fraudulent misrepresentation.

10. Customer Service

In the event of a query or complaint about the Website, our Goods or our service, please contact us by telephone 01382 505888 or by writing at Allison Stiven, 12c Kilspindie Road, Dunsinane Industrial Estate, Dundee, DD2 3JP or emailing to info@allisonstiven.co.uk

11. Intellectual Property and Right to Use the Website

11.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website shall remain at all times vested in Allison Stiven. You are permitted to use this Website and the material contained therein only as expressly authorised by Us.

11.2 You acknowledge and agree that the material and content contained within the Website is made available for you as a User of the Website for the purpose of browsing or making a Purchase. You may (if necessary to make a Purchase) download such material and content for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.

12. Compliance with Laws

This Website may be used by you only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.

13. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

14. Waiver

No failures to exercise and no delay in exercising on Our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by Us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

15. Entire Agreement

These Conditions govern our relationship with you and represent the entire understanding of the subject matter. We confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.

16. Governing Law

These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.

17. Statutory Rights

These Conditions do not affect your rights under law and for more information on what these rights are We would suggest that you contact your local Citizens' Advice Bureau.