1. These Website Terms and Conditions will apply to the purchase of services by you (the “customer”) from SMART Leisure Systems Limited, a company registered under number 09452889, whose registered office and trading address is 416 Kitson House, Fletton Quays, Peterborough, PE2 8UD.
2. These are the terms under which we sell services to you. You may only purchase the Services and Goods from our Website if you are eligible to enter into a contract and are at least 18 years old.
3. Within these Terms and Conditions, the following terms are used:
“Customer” means a person purchasing the Goods or Services.
“Contract” means a legally binding agreement between you and us for the supply of Services.
“Data Controller” shall have the same meaning as in the UK General Data Protection Regulation.
“Delivery location” means the premises where the Services are to be supplied, as set out in the Quotation.
“Goods” means any goods that we supply to you with the Services, of the number and description as set out in the Quotation or the Order.
“Order” means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on the Website.
“Quotation” means a specification for Services or Goods to be provided to the Customer.
“Process” shall have the same meaning as in the UK General Data Protection Regulation.
“Personal Data” shall have the same meaning as in the UK General Data Protection Regulation.
“Services” means the services advertised on the Website, including any Goods, of the number and description set out in the Quotation or the Order.
“Website” means our website, www.thewirh.com, on which the Services are advertised.
4. The description of the Services and any Goods is as set out on the Website and in the Quotation. You must check that you have used the ordering process correctly.
5. In the case of Services or any Goods tailored to your special requirements, you are responsible for ensuring that any information or specification you provide is accurate.
6. All Services which appear on the Website are subject to availability. The description of Services and any Goods on our Website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
7. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order. You must ensure the Order is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing the Order, you agree to receive the Contract using email. You will receive the Order within a reasonable time of agreeing to the Contract, but in any event, not later than the delivery of the Goods supplied under the Contract or before the performance of any Services begins.
8. Any Quotation is valid for a maximum period of 14 working days from the issue date as specified on the Quotation unless we expressly withdraw it at an earlier time.
9. No variation of the Contract can be made after it has been entered into unless the variation is agreed upon by the Customer and the Supplier in writing.
10. We can change the Services or Goods necessary to comply with any applicable law or safety requirement at any time. Where changes are made, we will notify you of these changes.
11. You must cooperate with us in all matters relating to the Services and provide us and our authorised representatives with the following as required by the Services:
- Access to any premises under your control.
- Information required to perform the Services.
- Obtain any licenses or consents required to enable us to perform the Services.
12. Failure to comply with the above is a Customer default which entitles us to suspend the performance of the Services until remedied. If you fail to remedy such default, we may terminate the Contract without notice by issuing a termination notice to you in writing.
14. We are the Data Controller of the Personal Data we process in providing the Services and Goods to you.
15. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will:
- identify the purpose(s) for which information is collected before collection;
- process Personal Data for the purpose(s) identified;
- respect your rights in relation to Personal Data; and
- implement technical and organizational measures to ensure your Personal Data is secure.
16. We may contact you using your email address, other electronic communication means, or by pre-paid postage. By agreeing to these Terms and Conditions, you expressly agree to this.
17. You can contact us via the following email: [email protected]
FEES AND PAYMENT
18. The Fee for the Services, the price of any Goods (if not included in the Fee), and any additional delivery or other charges set out on the Website on the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or a standard daily rate basis.
19. The Supplier is not VAT registered, and the Fee does not include VAT.
20. Payment must be taken immediately or otherwise before the delivery of the Services. You may pay via electronic transfer, debit, or credit card via our website.
21. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 days after the day the Contract is entered into.
22. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
23. If you, or your nominee, fail through no fault of ours to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and/or re-delivering them.
24. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
25. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
26. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards bankruptcy, we can choose, by sending a notice to cancel, any delivery and end any right to use the Goods, in which case you must return the Goods or allow us to collect them.
27. You may withdraw the Order by telling us before the Contract is made if you wish to change your mind without giving any reason or incurring any liability.
28. There is to be no cancellation of Goods or Services made to your special requirements once the Order has been sent to you. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
29. The following cancellation rights do not apply to Goods or Services made to your special requirements. Digital or electronic goods, such as dashboards, digital documents or downloads, are non-refundable.
30. The Contract will continue until delivery of the Goods or Services unless terminated by either party due to the following:
- a serious breach, or series of breaches resulting in a serious breach, of the Contract which cannot be remedied or is not remedied within 30 days of the breach occurring; or
- either party is subject to any step towards bankruptcy or liquidation.
31. On termination of the Contract for any reason, our respective rights and liabilities will not be affected.
32. In the event of any failure by a party because of something beyond its control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonably practicable, provided that the party acts reasonably to rectify the situation and that the party will not be liable for any failure that it could not reasonably avoid. This will not affect the Customer’s rights relating to delivery or cancellation.
33. We are not liable for losses which were not reasonably foreseeable to both parties at the time the Contract was made or for those losses which are not consistent with your identity as a Consumer or your business, trade, craft or profession.
34. The law of England and Wales governs the Contract.
35. We reserve the right to refer any dispute under this Contract to mediation in the first instance.