PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
AND/OR PLACING AN ORDER WITH US
These terms and conditions (the Terms) apply to Your use of Our Website and to all orders that can be placed with Us (whether by email, through Our website, by telephone or otherwise) and set out the sole and exclusive basis for both (a) Our provision and Your use of this Website and (b) Your purchase and Our supply of Product(s) to You. Please read these Terms carefully before using this Website and/or placing an order with Us. In the event anything is not clear please contact Us before using the Website and/or placing an order with Us as follows:
· contact Our Customer Service Team on +44 (0) 1728 745 700; or
· email Us at sales@parmagroup.co.uk.
All capitalised terms have the meanings given to them as defined in these Terms below.
1. What do these Terms cover?
1.1. Set out below are:
· Our Supply Terms (at paragraphs 5 – 17 (inclusive) below) which along with the General Terms (at paragraphs 30 – 41 (inclusive) below) set out the terms on which You can place an order with Us (whether by email, through Our website, by phone or otherwise) and We will supply You with any product(s) (Product(s)). In our Supply Terms, you will find answers to questions such as:
Ø When has My order been accepted?
Ø Will the Product(s) delivered be the same as the images that are shown on the Website?
Ø How quickly will the Product(s) I have ordered be delivered and what is the cost of delivery?
Ø At what point do I own the Product(s) I have ordered?
Ø Will the prices of Product(s) on Your Website remain the same?
Ø What if I change my mind or something goes wrong with a Product(s)?
and:
· Our Website Terms (at paragraphs 18 – 29 (inclusive) below) which along with the General Terms (at paragraphs 30 – 41 (inclusive) below) set out the terms upon which We provide and You can use this Website (which includes a number of other documents referred to including, without limitation, Our Privacy Policy). In our Website Terms you will find answers to questions such as:
Ø Who should use the Website?
Ø Who owns the content of the Website and in particular, the trademarks displayed on the Website?
Ø What information do we collect about You and Your visits to the Website?
Ø What are My responsibilities in using the Website and what am I not allowed to do?
1.2. The General Terms (at paragraphs 30 – 41 (inclusive) below) at the end of these Terms include provisions that apply to all aspects of the relationship between Us (whether as a result of You visiting Our Website and/or placing an order with Us).
1.3. We refer to the Supply Terms and the Website Terms along with the General Terms together as the Terms. The Terms may have changed since You last reviewed them so please review them carefully before Using this Website or placing an order for Product(s) with Us.
2. Who are We and how to contact Us
2.1. www.parmagroup.co.uk (the Website) is a Website operated by Parma Industries Ltd (trading as “Parma Group”) (We, Us or Our). We are registered in England and Wales under company number 12048901 and have Our registered office and main trading address at 34-36 Carlton Park Industrial Estate, Carlton, Saxmundham, England IP17 2NL. Our VAT number is GB 333 6310 31. References in these Terms to Parma Group should be read as being references to Parma Industries Ltd.
2.2. Where We use the term You or Your, We are referring to any person who is Using this Website and/or ordering Product(s) from Us (as the context so requires). For the avoidance of doubt, where You are acting on behalf of an organisation (including but not limited to an employer), the terms You and Your shall be interpreted as also referring to such organisation.
2.3. To contact Us, please email sales@parmagroup.co.uk or telephone Our Customer Service Team on +44 (0) 1728 745 700.
3. By Using Our Website and/or placing an order for Product(s), You accept these Terms
3.1. By Using Our Website and/or placing an order for Product(s), You confirm that You understand and accept the Terms on behalf of yourself and any organisation upon whose behalf you are acting (including but not limited to an employer) and that You agree to comply with them. If You do not agree to these Terms, You must not use Our Website and/or place an order for Product(s).
3.2. We recommend that You print a copy of these Terms for future reference.
4. There are other terms that may apply to You
These Terms refer to the following additional terms, which also apply to Your use of Our Website including Our Privacy Policy, which sets out how We will use any personal information which We hold relating to You as well as outlining how we use cookies.
SUPPLY TERMS
5. You are able to enter into a Contract with Us
5.1. By placing an order with Us (either through Our Website, by telephone, by email or otherwise) You warrant that You are capable of entering into a legally binding contract and/or are authorised to do so on behalf of any organisation on whose behalf You are acting.
5.2. Our Website is intended primarily for use by businesses that are based in the UK. However:
· We accept orders from both individuals and businesses who are based inside and outside of the UK. Please note that Our delivery and returns policies differ according to whether You are resident in the UK mainland, non-mainland UK or another country.
· If you are an individual who is not purchasing on behalf of a business, please refer paragraph 13 which details terms which will apply specifically to You.
5.3. Unless explicitly stated otherwise, all prices quoted in these Terms or otherwise on the Website are exclusive of any and all applicable VAT (or equivalent taxes as the case may be). Any taxes or costs associated with importation and/or exportation are at Your cost.
6. We only accept orders when We have checked them
6.1. After placing an order, You will receive an e-mail from Us confirming Our receipt of Your order (the Order Acknowledgement). The contract between Us (the Contract) will only be formed on the earlier of (a) Us sending You a separate email expressly confirming acceptance (and not only acknowledgement) of Your order and (b) Us sending You express confirmation that we have dispatched the Product(s) to You (in each case being the Order Confirmation). For the avoidance of doubt, these Terms apply to any contract under which we sell Product(s) to the exclusion of all other terms and conditions that may apply, even if such other terms and conditions are provided to us at a later date.
6.2. The Contract will relate only to those Product(s) whose order We have confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of Your order until the order of such Product(s) has been confirmed in a separate Order Confirmation.
6.3. Sometimes We are unable to accept orders, for example (but not limited to) (a) because a Product is unexpectedly out of stock (b) because You are located outside of areas to which we are able to sell and/or deliver or (c) because the Product was mispriced on the Website by Us. When this happens, We will let You know as soon as possible and refund any sums You have paid.
7. Our Products
7.1. We endeavour to ensure that descriptions of the Product(s) on Our Website are correct at the time of publication of Our Website. We reserve the right to amend the specification of Product(s) without prior notice in relation to future sales. We may update and change Our Website from time to time.
7.2. A Product may vary slightly from the pictures shown on Your device (including its colour or its packaging). Any measurements of the Product(s) are as accurate as possible but are nevertheless approximate.
7.3. It is Your responsibility to check that all the details on the Order Acknowledgement are correct, including the exact specifications of the Product(s) and delivery details.
7.4. Stock availability and delivery dates provided on the Website and subsequently communicated in any form are estimates and cannot be guaranteed.
7.5. We cannot be responsible for any liability arising from misuse or incorrect fitting of any Product supplied. In particular, the fitting of wheel trims in no way reduces the responsibility of the vehicle operator and driver to ensure wheel nuts are securely fitted.
7.6. These Terms are supplemented by any instructions and/or specifications (in particular, but not solely, relating to health and safety requirements) which are provided with a particular Product (either on or before delivery, within the description of the Product on Our Website and/or in any other manner whatsoever). It is Your responsibility to ensure that any such instructions and/or specifications We provide are fully observed and we accept no liability for any failure to observe such instructions and/or specifications that have been so provided.
7.7. We can and, where necessary, will seek to make changes or alterations to Product(s) We supply:
· to reflect changes in relevant laws and regulatory requirements; and
· to make minor technical adjustments and improvements, for example to address a security threat.
8. Delivery
8.1. Unless specifically agreed otherwise as part of the ordering process, Product(s) ordered will normally be delivered in ten (10) days but in any case within twenty-eight (28) days of the Order Acknowledgement. In the unlikely event that We are unable to fulfil an order within this time, We will contact You with a view to making a refund or discussing an alternative. At any time during Our office hours You may telephone Our Customer Services Team on +44 (0) 1728 745 700 or email Us at sales@parmagroup.co.uk.
8.2. Other than as set out in this paragraph 9.2, delivery is free to any UK mainland address where the order value (excluding VAT) is £250 or more. The delivery charge for smaller orders is £9.50 (excluding VAT). All deliveries to Northern Ireland, Northern Scotland and offshore islands are subject to a delivery charge of £20.00 (excluding VAT). We will provide a separate quotation for shipments to all other destinations. We reserve the right to update and change the delivery charges from time to time and We will confirm in the Order Confirmation the delivery charges applying to Your order.
8.3. You are required to take delivery on the date agreed between Us, otherwise We reserve the right to charge You an additional redelivery fee. This payment will be due before redelivery.
8.4. Time of delivery is not of the essence in these Terms. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by You through any delay.
8.5. The delivery process and requirements will vary depending on the arrangements we have in place with Our delivery partners. Where a signature is required to acknowledge delivery, the signature of the person accepting delivery at the delivery address will be proof that You or the person to whom the order is addressed has received delivery.
8.6. You are responsible for checking the condition of the Product(s) delivered and must highlight any issues as soon as possible upon receipt with Our Customer Services Team on +44 (0) 1728 745 700 or email Us at sales@parmagroup.co.uk.
9. Risk and title
9.1. You will own a Product once You have ordered it and We have provided a Order Confirmation and We have received payment in full. Other than where we have agreed credit terms in advance, Product(s) cannot be delivered until full payment has been received.
9.2. The Product(s) will be at Your risk from the time of delivery.
9.3. Upon failure to make payment in full for a Product that You have ordered and has been delivered, You agree that We may enter Your premises to repossess the goods or any of them. Unless You are in default of Your contractual obligations or You have become insolvent, we will always seek to give you reasonable notice of Our intention to undertake such a repossession.
10. Price and payment
10.1. The price of any Product(s) will be as quoted on Our Website from time to time, except in cases of obvious error.
10.2. These prices are exclusive of VAT and exclude any delivery costs (where applicable) which will be added to the total amount due.
10.3. Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent You an Order Confirmation.
10.4. Our Website contains a large number of Product(s) and it is always possible that, despite Our best efforts, some of the Product(s) listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product's correct price is higher than the price stated on Our Website, 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.
10.5. We are under no obligation to provide the Product(s) to You at the incorrect (lower) price, even after We have sent You an Order Acknowledgement, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
10.6. Payment for all Product(s) may be made by bankers draft, BACs transfer, Paypal, Mastercard, Visa, Maestro or American Express.
10.7. Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, We reserve the right to terminate the Contract and reserve the right to insist on future cash transactions only.
11. Our refunds and returns policy
Paragraphs 11 and 12 apply to business customers. If you are customer purchasing as an individual and not on behalf of a business, you should read these paragraphs as supplemented by paragraph 13 of these Terms.
11.1. Unless an exception applies, if:
(a) you give Us notice in writing within a reasonable time of discovery that a Product does not comply with the business customer warranty (in paragraph 12.2);
(b) we are given a reasonable opportunity of examining such Product; and
(c) you return such Product to Us at Our cost,
We shall, at Our option, repair or replace the defective Product, or refund the price of the defective Product in full and this will be Your only remedy for breach of the warranty. These Terms shall apply to any repaired or replacement Product(s) supplied by Us.
11.2. We will always seek to as far as possible refund any money received from You using the same method originally used by You to pay for Your purchase.
11.3. As a business or commercial customer, should You wish to cancel Your order, We require notice within 24 hours of the Order Acknowledgement. Notification for these purposes shall be made via email to sales@parmagroup.co.uk or by calling Our Customer Service Team on +44 (0) 1728 745 700.
12. Our liability for Products
12.1. Our entire liability to You for losses You suffer as a result of Product(s) we supply or otherwise in relation to any Contract We enter into with you is strictly limited in accordance with this paragraph 12 and more generally in accordance with paragraph 30.
12.2. We warrant to You that at the date of purchase, any Product(s) purchased from Us through Our Website:
· conforms in all material respects with its description;
· is free from material defects in design, material and workmanship; and
· is of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
12.3. 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 subject to such limit, such liability shall only apply to any losses which are a foreseeable consequence of Us breaking the Contract. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us and the contract is formed in accordance with paragraph 6.1.
12.4. This does not include or limit in any way Our liability:
· for death or personal injury caused by Our negligence;
· under section 2(3) of the Consumer Protection Act 1987;
· for fraud or fraudulent misrepresentation; and
· for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
12.5. We will not be liable for a Product's failure to comply with the business customer warranty (contained in paragraph 12.2) if:
(a) you make any further use of such Product after telling Us it is non-compliant;
(b) the defect arises because You failed to follow oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
(c) the defect arises because We followed any drawing, design or specification supplied by You;
(d) you alter or repair the Product without Our written consent; or
(e) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.6. Except to the extent expressly stated in these Terms, We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
13. Consumer Rights
This section applies only to individuals who order from Us online, email or over the telephone and DOES NOT APPLY to business or commercial customers or those individuals who purchase a Product on behalf of or otherwise for business or commercial use.
13.1. Commercial or business customers cannot cancel their orders unless We specifically agree that they can, they have different rights where there is a problem with a Product and We do not compensate them in the same way for losses caused by Us or Our Product(s). Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if You are buying Product(s) wholly or mainly for use in connection with Your trade, business, craft or profession, even if You are an individual.
13.2. When You return a Product to Us because You have cancelled the Contract between Us within the 14 day cooling-off period (for consumers), We will process the refund due to You as soon as possible and, in any case, within 14 days of the day on which We receive the Product(s) back. In this case, We will refund the price of the Product in full provided that there is no evidence of use. We will also refund the delivery charge for delivering the Product to You (if any).
13.3. To cancel a Contract, You must inform Us by email or by telephone. We will contact You in order to make arrangements for the return of the Product(s) and will not be liable in the event that You return Product(s) to Us without contacting Us in advance to make arrangements for their return. In addition, the Product(s) must be in the same condition in which You received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resaleable condition and undamaged in any way, and the protective packaging must still be unopened. You have a legal obligation to take reasonable care of the Product(s) while they are in Your possession. In the event that Product(s) are returned to Us other than in the condition required by this paragraph 13.3, We will contact You to discuss with you the most appropriate course of action.
13.4. This provision does not affect Your statutory rights.
13.5. If You are a consumer, We are responsible for losses You suffer caused by Us breaking this contract unless the loss is:
· Unexpected. It was not obvious that it would happen and nothing You said to Us before We accepted Your order meant We should have expected it (so, in the law, the loss was unforeseeable).
· Caused by a delaying event outside Our control. As long as We have taken the steps set out in this section.
· Avoidable. Something You could have avoided by taking reasonable action.
13.6. To let Us know You want to change Your mind, contact Our Customer Service Team on +44 (0) 1728 745 700 or email Us at sales@parmagroup.co.uk. It is essential that You contact Us before attempting to return Product(s) so that We can ensure You return the Product(s) to the correct address.
13.7. Once You have informed Us and We have provided You with the details for return, You have to return it to Us within 14 days of Your telling Us You have changed Your mind. Returns are at Your own cost. For help with returns, including Our collection arrangements for goods which cannot be posted, contact Our Customer Service Team on +44 (0) 1728 745 700 or email Us at sales@parmagroup.co.uk.
13.8. We will refund You within 14 days of receiving the Product(s) back from You. We refund You by the method You used for payment as far as We are able to do so and where this is not possible, We will contact You in order to arrange a refund. We do not charge a fee for the refund.
13.9. If You think there is something wrong with Your Product, You contact Our Customer Service Team on +44 (0) 1728 745 700 or email Us at sales@parmagroup.co.uk.
13.10. We honour Our legal duty to provide You with Product(s) that are as described to You on Our Website and that meet all the requirements imposed by law. For detailed information please visit the Citizens Advice Website www.citizensadvice.org.uk.
14. Import duty
14.1. If You order Product(s) from Our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing Your order.
14.2. Please also note that You must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by You of any such laws.
15. We charge interest on late payments
If We are unable to collect any payment You owe Us We charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay Us the interest together with any overdue amount.
16. We pass on increases in VAT
If the rate of VAT changes between Your order date and the date We supply the Product, We adjust the rate of VAT that You pay, unless You have already paid in full before the change in the rate of VAT takes effect.
17. As a business customer You have no set-off rights
As a business customer You must pay all amounts due to Us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
WEBSITE TERMS
18. Service availability
Our Website is intended primarily for use by people resident in the UK. We do not represent that the content available on or through Our Website is appropriate for use or is available in other locations.
19. We may suspend or withdraw Our Website
19.1. Our Website is made available free of charge and is permitted on a temporary basis.
19.2. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons without notice. We will not be liable if for any reason Our Website or its contents is unavailable at any time or for any period.
19.3. You are responsible for ensuring that all persons who access Our Website through Your internet connection are aware of the Terms of use of this Website and other applicable terms and conditions, and that they comply with them.
20. Intellectual property rights
20.1. We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
20.2. Trademarks which are identified on Our Website as belonging to third parties should not be used without the express consent of such third party and use of such trademarks without such consent is done at Your sole risk and expressly without our approval.
20.3. You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal reference and You may draw the attention of others within Your organisation to material posted on Our Website.
20.4. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
20.5. Our status (and that of any identified contributors) as the authors of material on Our Website must always be acknowledged.
20.6. You must not use any part of the materials on Our Website for commercial purposes without obtaining a licence to do so from Us or Our licensors. Requests to use any of the contents of Our Website shall be made via email to sales@parmagroup.co.uk
20.7. If You print off, copy or download any part of Our Website in breach of the Terms of use of this Website, Your right to use Our Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
21. No text or data mining, or Web scraping
21.1. You shall not conduct, facilitate, authorise or permit any text or data mining or Web scraping in relation to Our Website or any services provided via, or in relation to, Our Website. This includes Using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
21.2. The provisions in this paragraph should be treated as an express reservation of Our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790) and/or equivalent legislation.
21.3. This paragraph shall not apply insofar as (but only to the extent that) We are unable to exclude or limit text or data mining or Web scraping activity by contract under the laws which are applicable to Us.
21.4. This Website is only targeted to, and intended for use by, individuals located in the United Kingdom. We make no representations as to the compliance with local laws of this Website or the contents container on the Website and users accessing Our Website from outside of the United Kingdom do so at their own risk and You agree that We have no liability whatsoever to such Users of the Website.
22. Information about You and Your visits to Our Website
We process information about You in accordance with Our Privacy Policy. By Using Our Website, You consent to such processing and You warrant that all data provided by You is accurate.
23. Transactions concluded through Our Website
Contracts for the supply of Product(s) formed through Our Website or as a result of visits made by You are governed by Supply Terms.
24. Viruses, hacking and other offences
24.1. We do not guarantee that Our Website will be secure or free from bugs or viruses.
24.2. You are responsible for configuring Your information technology, computer programmes and platform to access Our Website. You should use Your own virus protection software.
24.3. You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Website will cease immediately.
24.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Website or to Your downloading of any material posted on it, or on any Website linked to it.
25. You must keep Your account details safe
25.1. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party.
25.2. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of the Terms of use of this Website.
25.3. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at sales@parmagroup.co.uk.
26. Do not rely on information on this Website
26.1. The content on Our Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.
26.2. Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date.
27. Linking to Our Website
27.1. You may link to Our Website or any part thereof, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any Website that is not owned by You.
27.2. Our Website must not be framed on any other Website, nor may You create a link to any part of Our Website other than the home page. We reserve the right to withdraw linking permission without notice.
27.3. If You wish to make use of content on Our Website other than that set out above, please contact sales@parmagroup.co.uk.
28. Links from Our Website
28.1. Where Our Website contains links to other Websites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked Websites or information You may obtain from them.
28.2. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
29. Trade marks
“Parma”, “Prolock”, “Bettashine”, “O-Trim”, “Propoint” are UK and/or EU registered trademarks of Parma Industries Ltd. You are not permitted to use them without Our approval, unless they are part of material You are Using as permitted by paragraph 20.
GENERAL TERMS
30. Our liability
30.1. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
30.2. Specific limitations and exclusions of liability will apply to liability arising as a result of the supply of any Product(s) to You, which will be set out in paragraph 12.
· We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or any content on it.
· We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, Our Website;
· any Websites linked to it; or
· use of or reliance on any content displayed on Our Website.
30.3. We are not responsible under any circumstances 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, sales or contracts;
· loss of anticipated savings;
· loss of data;
· business interruption;
· loss of business opportunity, goodwill or reputation;
· wasted management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; and
· any indirect or consequential loss or damage.
31. Written communications
Applicable laws require that some of the information or communications We send to You should be in writing. When Using Our Website, 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 requirement that such communications be in writing. This condition does not affect Your statutory rights. In the event of a questions or complaints please email sales@parmagroup.co.uk. See section below for details of the Complaints Process (see paragraph 38).
32. Notices
All notices given by You to Us must be given to Parma Group at 34-36 Carlton Park Industrial Estate, Carlton, Saxmundham, England IP17 2NL or emailed to sales@parmagroup.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 paragraph 31 above. Notices 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
33. Contract
33.1. The Contract between You and Us is binding on You and Us and on Our respective successors and assigns.
33.2. 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.
33.3. 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. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
34. We are not responsible for events outside Our control
34.1. We will not be liable or responsible for any failure to perform, or delay in performance of (including delays in the supply of Your Product), any of Our obligations under a Contract, these Terms or otherwise that is caused by events outside Our reasonable control (Force Majeure Event).
34.2. 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:
· 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;
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
· Impossibility of the use of public or private telecommunications networks;
· The acts, decrees, legislation, regulations or restrictions of any government.
34.3. Our performance under any Contract or these Terms 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.
35. Waiver
35.1. 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 these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
35.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
35.3. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 31 above.
36. Severability
If any of these Terms 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.
37. This is Our entire agreement with You
37.1. If You are a business customer:
· these Terms constitute the entire agreement between Us in relation to Your purchase; and
· You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Us or on Our behalf which is not set out in these Terms and that You have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
37.2. If you are an individual who is not a business customer to whom the provisions of paragraph 13 apply:
· These Terms and any document expressly referred to in them, together with any policy referred to in these Terms 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
· 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.
· 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) and the other party's only remedy shall be for breach of contract as provided in these Terms.
38. Complaints process
If You have any complaints about Our Website and/or any Product(s) that We have provided, please contact sales@parmagroup.co.uk and We will do Our best to resolve it.
39. Other important terms apply to Our contract
39.1. Nobody else has any rights under these Terms or a Contract we have entered into. These Terms are and any Contract is between You and Us. Nobody else can enforce it and neither of Us will need to ask anybody else to sign-off on ending or changing it.
39.2. If a court invalidates any of these Terms of any part of a Contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
39.3. Even if We delay in enforcing these Terms or any Contract, We can still enforce it later. We might not immediately chase You for not doing something (like paying) or for doing something You are not allowed to, but that does not mean We cannot do it later.
40. Variations
40.1. We amend these Terms 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. Every time You wish to use Our Website and/or place an order with Us, please check these Terms to ensure You understand the terms that apply at that time. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on Our Website.
40.2. You will be subject to the Terms and any policies referred to therein in force at the time that You order Product(s) from Us, unless any change to the Terms or policies 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 the Terms before We send You the Order Acknowledgement (in which case We have the right to assume that You have accepted the change to the Terms, unless You notify Us to the contrary within seven working days of receipt by You of the Product(s)).
41. Jurisdiction and applicable law
41.1. If You are a consumer, please note that the Terms of use of this Website, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland.
41.2. If You are a business customer, the Terms of use of this Website, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.