SMT GB

Volvo Construction Equipment Merchandise

Terms & Conditions

Services, Machinery & Trucks Ltd Merchandise Website Terms & Conditions and Privacy Policy (25 October 2013) Terms & Conditions This website is operated by Services, Machinery & Trucks Ltd (referred to as "SMT GB/we/our/us") Our head office is located: SMT GB, Moorfield Road, Duxford, Cambridge, CB22 4QX Email: merchandise.vcegb@volvo.com Telephone: 01223 836636 Fax: 01223 832357 Registered in England with Company Number 10822984 Registered Office: Services, Machinery & Trucks Ltd, Moorfield Road, Duxford, CB22 4QX VAT Number GB 272 4076 09 As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (including the Privacy Policy). Transactions conducted at our website are protected by 128-bit encryption technology, used and proven by over 400,000 websites worldwide. Should you have any queries relating to website security or would rather process your order via telephone then please call us (during normal office hours) (please see the Contact Us or Help section on the website for telephone contact details), a member of our team will be happy to assist you. 1. General 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 (see date at the top) 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. Any change to the terms and conditions shall only apply to orders accepted after the change has been posted on the website. 1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website 1.3 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (please see the Contact Us or Help section on the website for full contact details). 1.4 We reserve the right to suspend or cancel your account in the event that the account is inactive or is misused. 2. Order and Acceptance 2.1 To purchase from us you must be over 18 and resident in the United Kingdom. 2.2 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. 2.3 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from SMT GB. 2.4 If the goods that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. We will contact you and ask if you wish to proceed to order the substitute goods. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the goods until we have confirmed that we have accepted your order. 2.5 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. 2.6 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. 2.7 It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order please contact us immediately (please see the Contact Us or Help section on the website for full contact details). 2.8 We are entitled to remove SMT GB Points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent points value. Eligible product refunds for orders transacted using SMT GB Points will be redeemed with SMT GB Points. No cash refund will be given. 2.9.1 SMT GB Points awarded at the time of the transaction or vouchers already issued may be removed or cancelled if we determine that the SMT GB Points were collected in breach of these terms and conditions or were awarded in error. For the avoidance of doubt, any advice or actions of our staff that is contrary to these terms and conditions will not have the effect of changing these terms and conditions. SMT GB Points have no value until converted into orders. The current conversion value of points is one point equals one penny. We are under no obligation to award SMT GB Points for any reason outside of qualifying transactions. 2.9.2 Voucher codes cannot be used in conjunction with any other offer, discount or staff privileges, unless stated otherwise. Voucher codes can be used against any retail purchases, across all product categories, within stated time frames, unless stated otherwise. Returned or cancelled items will be excluded from the total basket amount. Only one voucher can be used per visit. The voucher cannot be applied retrospectively to orders. We reserve the right to refuse to accept discounted purchases at our discretion. 3. Delivery 3.1 This website is only for delivery of products to customers at mainland UK addresses. We cannot deliver elsewhere. 3.2 We aim to deliver goods to you within 28 days of the date of the order acknowledgement email, but this is not guaranteed and unfortunately we cannot give an exact delivery date as to when goods will be delivered. SMT GB shall be under no liability for any delay or failure to deliver the products within estimated timescales. 3.3 Free delivery is available to one of our depots around the UK for you to collect (details of which can be found by clicking on About Us > Depot Information). The collection options are clearly stated during the ordering process. You will be notified once an order is ready to be collected from the chosen depot. 3.4 Standard delivery is also available on all orders. Postage and Packing will be payable as set out below:- Standard UK mainland delivery - £4.50 or free where the price of the goods totals more than £50 at the point of checkout). 3.5 Risk of loss and damage of products passes to you on the date when the products are delivered. 3.6 Multiple product orders will be dispatched once all products have arrived in stock at our distribution centre. If we have not delivered the goods within 30 days of submitting your order or by the agreed delivery date confirmed in our acceptance (whichever is the latter), you may cancel the order and we will refund any money paid by you. 3.7 Delivery of orders placed after 16th December cannot be guaranteed in time for Christmas Eve. If you would like to contact us about Christmas delivery, please use "Contact Us". 4. Payment 4.1 We take payment from your card at the time you place the order, and once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. 4.2 Prices are checked regularly. However, if we find the price has changed when we receive your order or that the price stated on the website is incorrect for any other reason we will contact you and ask if you wish to proceed. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. 4.3 Ownership of the products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. 4.4 All prices are shown in pounds sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. 5. Returns and refunds 5.1 If you are a consumer (i.e. not a customer buying wholly or partly for business purposes) and have ordered by telephone or through the website under the Distance Selling Regulations, you have a statutory right to cancel your order for any reason and receive a full refund. This does not apply to items that due to their nature cannot be returned e.g. personalised goods. 5.2 If you are a consumer (i.e. not a customer buying wholly or partly for business purposes) you have a right to cancel your order in accordance with the Distance Selling Regulations, please e-mail us or call us (please see the Contact Us or Help section on the website for full contact details) within seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s). Please then return the goods to us at the head office address stated above either in person or by recorded delivery post or tracked courier service. Please email us on the date of despatch with details of the tracking number and order number. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost. 5.3 The rights given by paragraphs 5.1 – 5.2 and 5.4 – 5.5 and are in addition to your other rights relating to defective goods or services given to you by law. If you would like further information on these rights, please contact your local trading standards office or citizens advice bureau. 5.4 You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. Please then return the goods to us at the head office address stated above either in person or by recorded delivery post or tracked courier service. We will refund the postage paid/carrier charges. Please email us on the date of despatch with details of the tracking number and order number. If the goods are found to be damaged prior to delivery to you, or defective, we will repair or replace the goods or refund the price paid by you. 5.5 We will supply goods that will remain free from defects in materials or caused by workmanship for a period of 3 months from the date of delivery. We will, in respect of any goods returned to us within 3 months of the date of delivery, which are proved to our reasonable satisfaction to be damaged or defective due to defects in material, workmanship or design, repair or, at our option, replace such goods free of charge. This obligation will not apply where you have altered the goods in any way whatsoever, or have subjected them to misuse or unauthorised repair. 5.6 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. 6. Intellectual Property 6.1 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. 6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial 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. 7. Liability and Indemnity 7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. 7.2 Subject to Section 7.1 above, SMT GB will use 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 SMT GB will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and SMT GB accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. 7.3 Subject to Section 7.1 above where you have purchased goods wholly or partly for business purposes (i.e. not as a consumer), other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. 7.4 Subject to Section 7.1 above where you have purchased goods wholly or partly for business purposes (i.e. not as a consumer), SMT GB will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or • loss of goodwill or reputation; or • consequential, special or indirect losses • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. 7.5 Notwithstanding the above, subject to Section 7.1 SMT GB' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. 7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 7.8 We 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. 8. Miscellaneous Provisions 8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England, Scotland or Wales. English is the only language offered for the conclusion of the contract. 8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. 8.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 8.4 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 unless agreed upon in writing by SMT GB. 8.5 SMT GB 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. 8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. 8.7 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 U.K. Contracts (Rights of Third Parties) Act 1999). 8.8 No delay or failure by SMT GB to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of SMT GB. 8.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and SMT GB relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and SMT GB for your use of this website. We recommend you print out a copy of these terms and conditions for future reference.