Sale Terms & Conditions
Version number: 1.1
Effective date: 01/01/2022
1. Who we are
1.1 We are Space-Plug Ltd trading as “Space-Plug”. Our company details are at the end of this document.
2. Overview
2.1 These are our terms and conditions which apply when you buy our products via our website - www.space-plug.com. (There are separate terms which apply to use of our Service.) Please read them carefully. They are only available in English. Save a copy as we do not file a copy specifically for the transaction with you.
3. Changing these terms and conditions
3.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
4. Definitions
4.1 Where we refer to “Consumer” we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
4.2 “Shop” means our website and the online shop on our website.
5. Who can buy on our Shop
5.1 You are not allowed to buy any products via this Shop if your main purpose is to use them to infringe our intellectual property or other legal rights.
5.2 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
6. The products and packaging may be a little different to what you expect
6.1 We take reasonable care to ensure that the images and descriptions of our products appearing on our Shop are accurate and to display as accurately as possible the appearance / colour / texture / finish of our products. However, there may be minor differences between the products you receive and the way that they appear on our Shop. For example, the colour tone may differ.
6.2 The labelling or packaging of the products you receive may differ from the images of these which you see on our Shop.
7. WARNING
7.1 It is your responsibility to ensure that our products are installed and used only:
a)in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and
b)by persons with the appropriate level of training, qualifications, skill and experience.
8. Giving us accurate information
8.1 You must ensure that your order, including delivery address and any other information you supply to us is correct. Please tell us immediately if there are any changes.
9. How you enter a legal contract with us
9.1 Your order is an offer to buy from us.
9.2 You place your order by using the ordering process on our Shop. This involves selecting the products, placing them in the shopping cart and sending your order to us. You can check and amend any mistake before making an order by using the remove and recalculate functions.
9.3 We accept your offer and there is a binding legal contract when we send you a dispatch email. However, we are not obliged to supply any products which are unavailable, even if we have accepted your offer. If products are unavailable, we will notify you of the unavailability as soon as possible, we will then cancel the order and arrange for a full refund if you have been charged.
9.4 Space-Plug.com has the right to cancel your order in the event of technical problems, delivery failure, Fair use policy and other similar situations.
10. Payment
10.1 Payment is in advance. Prices and payment methods are as explained on our Shop. The prices shown exclude any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds.
10.2 Delivery charges costs will be shown when you place your order and may depend on the delivery method chosen.
10.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order provide a full refund of any payments already made.
10.4 You must contact us immediately with full details if you dispute any payment.
10.5 If any amount due to us is unpaid, or unjustifiably charged back, we may end this contract by giving you written notice (including email).
11. About discount codes
11.1 All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 1 month. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
11.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
12. Delivery
12.1 Delivery is completed when we deliver to the address you give us when ordering. We aim to deliver orders together, there may the odd occasion where we deliver different parts of your order on separate dates.
12.2 Delivery is limited to the UK only and subject to any geographical or other restrictions explained on our Shop. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any delivery costs we incur if we decide to deliver outside our normal delivery area.
12.3 Unless we say otherwise, delivery timescales on our Shop are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.
12.4 If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we may leave them at the doorstep, entrance hall or reception where available or with a neighbour.
12.5 If the products can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address or not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).
12.6 This paragraph applies only if you are not a Consumer: You undertake to inspect all products immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the products are not in accordance with this agreement. If you fail to give such notice, the products shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the products and you shall be deemed to have accepted the products accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant products and (if we ask you) you shall send the relevant products at your expense to the location specified by us to enable the examination to take place.
13. Legal ownership of the goods
13.1 You become owner of the products after the later of delivery of the products and payment of the price plus delivery charges. Until that happens, you hold the products on our behalf. If you are not a Consumer, you must identify the products as ours and keep them separate from your other products or goods until ownership passes.
14. Right to cancel (“cooling off” period)
14.1 If you are a Consumer, you may have the right to cancel this contract within 30 days of receiving the products as further explained in "Your right to cancel this contract" at the end of this document. This right is not affected by any separate returns policy on our Shop.
15. Restrictions on our legal responsibility for products
15.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
15.2 The following clauses apply only if you are a Consumer:
a) We are under a legal duty to supply products that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to products that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
b) We are not responsible for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- ?such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
c) You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
15.3 The following clauses apply only if you are not a Consumer:
a) Our total aggregate liability of any kind (including for our own negligence and breach of warranty) is limited to the price paid for the products.
b) In no event (including for our own negligence and breach of warranty) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
c) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement or, if you are a reseller, to the acts or omissions of your customer.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement or in any applicable warranty.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
16. Things we can’t control
16.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
17. Transferring this contract to someone else
17.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
18. Your personal information – see our privacy policy
18.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
19. English law and courts
19.1 These terms and conditions are under English law. Any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
20. General but important information
20.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
21. Complaints
21.1 If you have any complaints, please contact us via the contact details shown below.
22. Information about us
22.1 Company name: Space-Plug Ltd
22.2 Trading name: “Space-Plug”
22.3 Country of incorporation: England and Wales
22.4 Registered number: 08302219
22.5 Registered office and contact address: 398 Coast Road, Pevensey Bay, East Sussex, BN24 6NY
22.6 Contact email address: plugs@space-plug.com
22.7 Other contact information: See the contact page on our website
22.8 VAT number: GB 155752984
YOUR RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 30 days without giving any reason.
2. The cancellation period will expire after 30 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or
b) in the case of multiple products ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; or
c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
3. To exercise the right to cancel, you must inform us Space-Plug Ltd, 398 Coast Road, Pevensey Bay, East Sussex, BN24 6NY, UK, email address above or using the contact form, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail).
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any products supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the products.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the products before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.