ESTechnical Terms of Service
The term "ESTechnical" and "estechnical.co.uk" or "us" or "we" or “the Company” refers to the owner of the website ESTechnical Solutions. The term "you" refers to the user or viewer of our website. The term 'Customer' refers to the Buyer which is the individual or Company purchasing a product from ESTechnical.
estechnical.co.uk is a website owned and operated by ESTechnical.
The headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Use of this Website
Please read the following website Terms of Service before accessing or using this website. All orders are offered to and accepted by us on condition that the customer agrees to the following Terms of Service of sale. By using this website, you are agreeing to these Terms of Service. If you do not accept these Terms of Service, please exit our website immediately.
From time to time we may change these Terms of Service, and will post revisions on our website. We recommend that you read these Terms of Service regularly. These Terms of Service replace all other Terms of Service previously applicable to our website. You may not assign or transfer your rights under this Agreement. Failure by us to enforce a right does not result in a waiver of such right.
Any formal legal notices should be sent to us addressed to The Owner at ESTechnical, 12 Ormonde Road, Folkestone, Kent, CT20 1PG UK
Privacy and Data Protection
We place data security above all other considerations.
We have the right (but not the obligation) to monitor use of our website in order to verify compliance with these Terms of Service and/or any operating rules established by us and/or to satisfy any law, regulation or authorised government request.
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites.
On the ESTechnical website, cookies record information about your online preferences (login details and account settings). Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time from their browser. The last of these means that certain personalised features cannot then be provided to that user and accordingly they may not be able to take full advantage of all of our website's features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
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. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us and for ensuring that your computer systems meet all relevant technical specifications necessary to use our website. You also understand that although we try to guard against viruses, we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infections, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
You must use the website for lawful purposes only. You must not use the website for fraudulent purposes in connection with a criminal offence or otherwise unlawful activity; to send, use or re-use 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. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Any other Terms of Service are hereby excluded. No variation, cancellation, waiver or agreement not to rely upon any of these Terms of Service shall bind us unless in writing and signed by a Director of the Company.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
All descriptions, illustrations and particulars issued by the Company in catalogues, price lists, advertising matter and specifications are by way of general description and approximate only and shall not form part of any contract or give rise to any liability on the part of the Company.
In the event of the Customer's order form containing special printed conditions, the order will only be accepted on the understanding that those Terms of Service are not at variance with our own or that, where there is any variance, such Terms of Service have been waived by the customer. The Customer's acceptance of the delivery of the Goods shall be deemed to establish acceptance of our Terms of Service.
An order is only confirmed once an email has been sent from ESTechnical confirming the order. A binding contract will come into existence upon acceptance by us of your order.
The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
All prices are stated in £ sterling, Euro or USD and, unless otherwise specified, are ‘ex works’ in accordance with the current issue of Incoterms, subject to the express provisions herein, and are subject to alteration without notice. All final Sales are in £ sterling. Goods will be invoiced at the prices ruling at date of despatch. ESTechnical is not a VAT registered company so VAT is not charged. Prices are exclusive of tax, duty, tariff or charge arising in the UK or elsewhere.
Unless otherwise specified, all quotations are valid for thirty days and orders placed thereon are subject to acceptance by the Company. The Seller shall sell and the Customer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Customer, or any order of the Customer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other Terms of Service subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
Bank Charges / Administration Costs
Any bank charges arising from customers’ payment of invoices will be for the account of the customer and will not be accepted by the Company.
Orders may not be cancelled without written notice from the customer and our written consent.
Refunds can only be made via the means used for the original purchase.
Owing to improvements in design and possible changes in the source of supply, which may be subject to change without notice, we reserve the right to accept orders only to the extent of available stocks and product lines and to supply products to specification and design current at the date of despatch. Goods offered ex-stock are subject to the Goods being unsold at the date of receipt of any order.
Shipping and Handling
All Goods are despatched by courier; prices are based on weight of the Goods ordered and will be added automatically at the time of purchase. If, however, you feel the amount added for shipping is inappropriate or would like to use your own courier service, please contact us.
We aim to deliver your order right away. Occasionally we may take a little longer, especially at busy times. The Company shall not be liable for any delay in delivery of Goods howsoever caused. If we are out of stock and cannot obtain the item in a few days we will endeavour to contact you to let you know what is happening. If you are concerned about your order for any reason then please let us know.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Customer in the case of Goods to be delivered elsewhere at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, property in the Goods shall not pass to the Customer until the Company has received payment in full including all the interest and other costs due it.
If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
In respect of all contracts for sale of Goods or execution of work outside the United Kingdom, the customer will provide any necessary export licences, import licences or exchange control authorisations within a reasonable time. The customer is responsible for all import duties.
Customs, Duties, and Taxes
The recipient of an international shipment may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the recipient because we have no control over these government-imposed charges and cannot determine what they may be. Customs policies vary greatly among countries. Please contact your local customs office for information.
Damage or Loss in Transit
The Goods shall be at the sole risk of the customer from the time that they leave our premises or upon the expiration of any free period of storage, whichever shall first occur. The Company shall not be liable for any loss which the Company is precluded from recovering from a carrier by reason of the Customer's failure to give the notice necessary for such recovery. Both the carriers and ourselves are to be advised of any damage or breakage within 3 days of receipt of the Goods and, in the event of short or non-delivery, both the carriers and ourselves are to be advised in writing within 14 days from receipt of invoice.
Liability and Warranty
The Company does not exclude or limit liability for death or personal injury arising from negligence. The Company warrants Goods and services against departures from its usual standards and specifications and defects in materials and workmanship becoming apparent under normal use within twelve months of delivery provided:
i) such defects are notified to the Company within 28 days of becoming apparent;
ii) the Company shall not be liable for design defects, consequential loss, any excess in total claims over the contract price, technical assistance which it is not contractually bound to provide, breach of industrial property rights of which it is not aware in respect of designs provided by the customer and loss caused by delay;
Iii) the Company shall be under no liability in respect of any deficit arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alternation or repair of the Goods without the Company's approval.
The express warranties herein are given in lieu of all other express or implied warranties, conditions in respect of quality, fitness and the like and guarantees, save those arising under the Sale of Goods Act 1983.
It is the Customer's responsibility to establish that the Goods ordered are adequate an suitable for the purpose for which they are required and no liability whatsoever is accepted should the Goods not prove adequate or suitable for that purpose.
If any Goods or services do not comply with the above warranty, the Company will, at its reasonable option, replace the same, rectify the breach, refund the appropriate part of the price (having regard to any benefit already enjoyed in respect thereof) or take back Goods. In no case shall our liability exceed the cost of the original invoice.
The Company shall be excused non or late delivery directly or indirectly caused by or made fundamentally more onerous by events or circumstances beyond the Company's reasonable control, including but without limitation supplier's delays and trade disputes whether of the Company's employees or otherwise. For the purposes of this condition, "Force Majeure" shall mean natural phenomena, acts of government, Act of God, war, riot, earthquake, accidents or disruptions, strikes and industrial disputes, transport difficulties or any other cause whatsoever not under our control.
All invoices shall be payable in accordance with agreed terms of payment. Payments may only be made in the stipulated currency unless otherwise agreed by the Company. Cheques should be remitted to the Company’s primary address or credited directly to a Bank account as specified by the Company. Payment will only be deemed to be complete following satisfactory clearance of such payments. In the event of payment deadlines being exceeded, the Company will be entitled to charge interest on overdue accounts or unpaid balances at a rate of not less than 3% above LIBOR. Any retention or reduction of payments due to viable commercial complaints will only be permitted with our approval in writing.
Credit Card Security
Credit card payments are made in real time, and no card numbers are downloaded at any time and are not held by the Company in any form. Credit card payments are made through PayPal, an external payment provider.
All orders must be paid in advance (except for certain official bodies and companies by prior arrangement).
Reservation of Title
Title in the Goods shall not pass to the customer until payment in full has been received by the Company. Until such time the customer shall keep the Goods as the Company's bailee and trustee, shall ensure that the Goods are stored in such a way as to enable them to be identified as the property of the Company and shall keep the Goods insured against all normal risks with our interest noted therein.
The return of Goods is governed by our Returns Policy.
These Terms of Service shall be governed and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction. If any provision of these Terms of Service is invalid or unenforceable, such will not render all the Terms of Service unenforceable or invalid but rather the Terms of Service will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms of Service must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has risen, or such cause will be barred, invalid and void. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Service shall not apply.
The limitation and exclusions in these Terms of Service does not affect your non-executable statutory rights and only apply to the extent permitted by applicable law.
12 Ormonde Road,
Telephone +44 (0) 1303 489 698
Date of document: 23 October 2013