webeye assured RAPID standard terms and conditions
These are the terms and conditions on which we supply products to you (being a consumer), whether these are goods or services (These Terms). Please note that These Terms may be supplemented by other terms and conditions in accordance with clause 1.3.
Please read These Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in These Terms or require any changes, please contact us to discuss.
Where there are other terms and conditions which relate to the provision of goods and/or services by us (Other Terms and Conditions), such Other Terms and Conditions will also apply in relation to the provision of those goods or services, save to the extent that These Terms provide otherwise and having regard to clause 15.1.
We are Webeye Limited a company registered in England and Wales. Our company registration number is 06812615 and our registered office is at 6a Hazel Court, Burma Road Industrial Estate, Blidworth, Mansfield, Nottinghamshire, NG21 0RY. Our registered VAT number is 984193089.
You can contact us by telephoning 0115 714 9990 or by writing to us at firstname.lastname@example.org or Webeye Limited, 6a Hazel Court, Burma Road Industrial Estate, Blidworth, Mansfield, Nottinghamshire, NG21 0RY.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in These Terms, this includes emails.
Our contract with you is made up of These Terms and any Other Terms and Conditions which are relevant to the particular goods and/or services you have ordered (contract).
Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images in our brochure and on our website.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
We may change the product:
The costs of delivery will be as notified to you before you place your order. Additional delivery charges may be applied in accordance with this clause 7.
During the order process we will let you know when we will provide the products to you. If the products are ongoing services and subscriptions, we will also tell you during the order process when and how you can end the contract.
If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We will supply the services to you until they are complete, until your subscription for the services expires, until you end the contract as described in clause 8 or until we end the contract by written notice to you as described in clause 10 (whichever happens first).
If the products are services, such as the installation, set-up, maintenance or repair of goods, we may use agents or contractors to carry out of the services, or any part of them, on our behalf. This will not affect the contract between you and us. We will contract with our agents and contracts separately.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If no one is available at your address to accept delivery and/or installation of goods, or the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery and/or installation or collect the goods from a local depot.
If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery and/or installation or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery and/or installation or collection we may end the contract and clause 10.2 will apply.
If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 0115 714 9990 or email us at email@example.com for a return label or to arrange collection.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
You own a product which is goods once we have received payment in full.
We may need certain information from you so that we can supply the products to you, for example, an installation address (for the supply of goods) or an email address and/or mobile phone number (for the supply of services). If so, this will have been notified to you before you placed your order. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the supply of a service to:
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend a service for longer than 24 hours in any 30 day period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
If you do not pay us for the service when you are supposed to (see clause 12.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If you are ending a contract for any of the reasons set out in clauses 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which: (a) have not been provided and (b) which should have been provided at the time. You may also be entitled to compensation. The reasons are:
For most products bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in These Terms.
You do not have a right to change your mind in respect of:
How long you have depends on what you have ordered and how it is delivered.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
To end the contract with us, please let us know by doing one of the following:
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call us on 0115 714 9990 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
We will pay the costs of return:
In all other circumstances you must pay the costs of return.
If you are responsible for the costs of return and we are collecting goods from you, we will charge you the direct cost to us of collection.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
We may end the contract for a product at any time by writing to you if:
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may write to you to let you know that we are going to stop providing certain goods and/or services. We will let you know at least 30 days in advance of our stopping the supply of a service and will refund any sums you have paid in advance for services which will not be provided.
If you have any questions or complaints about the product, please contact us. You can telephone us at 0115 714 9999 or write to us at email@example.com or Webeye Limited, 6a Hazel Court, Burma Road Industrial Estate, Blidworth, Mansfield, Nottinghamshire, NG21 0RY.
We are under a legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in These Terms will affect your legal rights.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 0115 714 9990 or email or write to us at firstname.lastname@example.org or Webeye Limited, 6a Hazel Court, Burma Road Industrial Estate, Blidworth, Mansfield, Nottinghamshire, NG21 0RY for a return label or to arrange collection.
The price of the product (which includes VAT) will be the price indicated on your order form. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment by most credit and debit cards and, in relation to certain services, by direct debit. We are also able to offer hire purchase finance in some circumstances. When you must pay depends on what product you are buying and will be specified on your order form.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
If we fail to comply with These Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will use the personal information you provide to us:
Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
Where we are providing installation, set-up maintenance or repair services we may pass your personal information to our agents or contracts who provide those services on our behalf.
Where These Terms apply, in the event that any provision of These Terms conflicts with or contradicts a provision of any Other Terms and Conditions, or a provision in any Other Terms and Conditions is not in line with the spirit and intention of These Terms, the relevant provision(s) of These Terms shall apply to the exclusion of the relevant provision(s) of the Other Terms and Conditions, or the Other Terms and Conditions shall be interpreted so as to accord with the spirit and intention of These Terms, so far as is permitted by law.
We may transfer our rights and obligations under These Terms and/or Other Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You may only transfer your rights or your obligations under These Terms to another person if we agree to this in writing.
The contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of These Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under These Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.