Terms & Conditions (last updated 4th January 2017)
- read through these terms and conditions carefully before using this website;
- print a copy for future reference; and
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
1.3 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
1.4 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Initial and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Initial's or its affiliates' names or trademark without the express written consent of Initial.
1.5 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
1.6 You understand that you, and not Initial are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
1.7 You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety.
1.8 This website is only for supply of products to customers in mainland UK addresses.
1.9 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
1.10 You acknowledge and agree that the material and content contained within this website is made available for your use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and 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.
2. FORMATION OF CONTRACT
2.1 These terms and conditions shall apply to all contracts for the supply of goods by us to you.
2.2 Upon receipt of your order we will send to you an order acknowledgement email detailing the goods you have ordered. Please note that this email is not an order confirmation or order acceptance from Initial .
2.3 No contract exists for the sale of any goods until we have despatched the goods to you or notified you of their despatch or notified you that they are available for collection.
2.4 We may not file details of your order for you to subsequently access direct on this website and therefore you should print out these terms and conditions in the order acknowledgment for your own records. If you wish to obtain specific details of your previous order(s), you should contact us at the address given below.
3. DESCRIPTION AND PRICE OF THE GOODS
3.1 The description and price of the goods ordered will be as shown in our current catalogue or on our website at the time the order is placed.
3.2 The images of the goods on our site are for illustrative purposes only. Although we have made every effort to display the colours or details of the goods accurately, we cannot guarantee that your computer's display of the colours or details accurately reflects the colour or details of the goods.
3.3 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 5% tolerance (unless otherwise indicated in the information button attached to the product).
3.4 The goods are subject to availability. If on receipt of your order the goods ordered are not available in stock, we will inform you as soon as possible, and if you so require, refund or re-credit any sum that has been paid or debited from your credit card for the goods.
3.5 Every effort is made to ensure that prices shown in our current catalogue or shown on our website are accurate. If an error is found in relation to ordered goods, we will inform you as soon as possible and offer you the option of reconfirming the order at the correct price or cancelling the order. If you decide to cancel, we will refund or re-credit any sum that has been paid or debited from your credit card for the goods.
3.6 In addition to the price, you may be required to pay a delivery charge for the goods, and where this is the case the delivery charge will be shown in the Secure Checkout section.
3.7 The price of the goods and delivery charges shown on the website are exclusive of VAT which will be added at the applicable rate and shown in the Secure Checkout section.
3.8 Initial's employees and agents are not authorised to make any verbal representations concerning the Goods. Any advice or recommendation given by Initial or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Initial is followed or acted on entirely at the buyer's own risk.
3.9 We reserve the right to make any changes to the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
4.1 Payment of the price for any goods ordered is due in pounds sterling on ordering the goods or, where the goods are to be collected by you from our warehouse, we may allow payment at the time of collection.
4.2 No payment shall be deemed to have been received and no order shall be processed until we have received cleared funds or confirmation of a valid credit card payment.
4.3 Payment may be made by credit card or debit card or by PayPal. Cash and cheques are not accepted.
5.1 Goods will be delivered to the address given when you place your order, except that deliveries are not made outside mainland UK. Where you wish to collect the goods from our warehouse, we will specify and agree with you a time for collection. If you fail to collect the goods at the agreed time, we shall be entitled to charge you an additional sum for storing the goods until collection. Should you wish to subsequently change the delivery address or method of delivery you will also be required to pay an additional charge.
5.2 If we are unable to supply the goods ordered, we will inform you as soon as possible, and refund or re-credit any sum that has been paid by or debited from your credit card for delivery.
5.3 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place from where to collect the goods. In such circumstances you may be required to pay an additional charge to cover the re-delivery or storage of the goods.
5.4 Every effort will be made to deliver the goods within the time specified in the order but any quoted dates for delivery are approximate only and we will not be liable for any losses suffered through any delay in delivery.
5.5 The risk of loss and damage to the goods passes to you when they are delivered or if earlier on the date of first attempted delivery.
5.6 Title to any goods you order on this website shall pass to you on delivery or collection of the goods provided that we have received payment in full for the goods.
6. RIGHT OF CANCELLATION
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000. You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.
6.2 To exercise the right of cancellation, you must give written notice to us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
6.3 If you exercise this right of cancellation after the goods have been delivered, you will be responsible for returning the goods to us at your own cost (unless the goods are defective). Goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods should also be returned in their original packaging.
6.4 Once you have notified us that you are cancelling the contract, we will within 30 days refund or re-credit any sum that has been paid or debited from your credit card for the goods and delivery costs.
6.5 If you do not return the goods as required, we may charge you a sum not exceeding the actual costs of recovering the goods.
6.6 You do not have the right to cancel the contract if the order is for goods made to your specification or which are clearly personalised.
6.7 As a consumer, you will always have legal rights in relation to goods that are defective and not as discussed. These rights are not affected by the returns policy in this clause 6.
7.1 All goods supplied are warranted to be free from defects for at the time of delivery and will correspond in all material respects with their description. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.
7.3 If you have any complaint about the goods, you should notify us in writing at the address, fax number or email address shown below as soon as you become aware of the defect. We will then advise you of our returns policy.
8. LIMITATION OF LIABILITY
This clause 8 only applies if you are a business customer
8.1 Nothing in these conditions excludes or limits the liability of Initial :
(a) for death or personal injury caused by Initial's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Initial to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.2 Subject to condition 8.1:
(a) Initial's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to a replacement of the goods supplied pursuant to that contract or (at our option) a refund of the purchase price relating to that contract (including any delivery costs paid by you);
(b) Initial shall not be liable for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract; and
(c) Initial will use its reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and Initial accepts no liability of any kind for any loss or damage from action taken or taken in relation on material or information contained on the site.
(d) Any representation, condition or warranty which might be implied or incorporated into these terms and conditions 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.
8.3 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.4 Initial shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9. DATA PROTECTION
9.1 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
10.1 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
10.2 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
10.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party.
10.4 Initial reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.5 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except:
(a) any company in the Initial Packaging group of companies; and
(b) a person who is a permitted successor or assignee under condition 10.4 above of the rights or benefits of these terms and conditions may enforce such rights or benefits;
No consent from the persons referred to in this condition 10.5 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
10.6 No variation of these terms and conditions shall be binding or have effect unless agreed in writing by an authorised representative of Initial.
Communications to us should be sent:
by post to:-
Initial Packaging Solutions Limited
Unit 16 Everite Road Industrial Estate
Cheshire WA8 8RA
By fax to:- 0151 423 4451
By email to:- firstname.lastname@example.org