Terms & Conditions of Sale
Our Terms and Conditions govern all orders and purchases made on the Openstrike website known as www.ethernetcables.co.uk. Please read them carefully before placing your order. If you do not agree to these Terms and Conditions, please do not proceed with your transaction.
- The www.ethernetcables.co.uk website is owned and operated by Peter Houston, the Proprietor of Openstrike and whose business address is located at 5 Ferguson Road, Devizes, Wiltshire, SN10 3UA, United Kingdom.
Basis of the sale:
- We shall sell and you shall purchase the goods subject to these conditions.
- We also reserve the right to change these terms of sale without notice to you in relation to any future sale.
Orders and Specification
- 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. Where payment has already been received by us for the goods, a full refund will be given.
- No order shall be deemed to be accepted by us unless and until an acknowledgement is forwarded by us. You are responsible for ensuring the accuracy of the terms of any order submitted and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.
- The quantity, quality and description of and any specification for the goods shall be those set out in the order, if accepted by us.
- The price of the goods shall be our price quoted on this www.ethernetcables.co.uk website at the time we receive your order unless we discover that there is an error in the price of goods you have ordered, whereupon we will inform you as soon as reasonably possible. You will then have the opportunity of reconfirming your order at the correct price or cancelling it. In the event of our being unable to contact you, we will treat the order as cancelled. In the event of cancellation and your having already paid for the goods, we will provide a full refund.
- Payment can be made by any method specified in this website. If payment remains outstanding for a period of more than 30 days interest will be added to any unpaid sum based on the Late Payment of Commercial Debts (Interest) Act 1998.
- Delivery can only be made to mainland UK addresses. We cannot deliver to BFPO addresses, the Channel Islands, Isle of Man, Orkney, Shetlands, Scottish Islands, Northern Ireland or the Republic of Ireland.
- We will endeavour to arrange delivery within 28 days of our acceptance of your order. We will do all that we reasonably can to meet the date given for delivery. In the case of unforeseen circumstances beyond our reasonable control we will contact you.
- If you fail to take delivery of the goods then without prejudice to any other rights or remedy available to us, we may store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price.
- We recommend that a properly qualified person is separately employed by you to carry out fitting or installation works in relation to the goods. This contract does not cover the fitting and/or installation of any goods purchased under it.
- You have the right to cancel this agreement within 7 days of delivery of the goods. Cancellation will only be accepted by us if you have notified us of your intention to return the goods within 24 hours of receipt and the goods have not been used by you. The goods must be returned by recorded delivery with all packaging and accessories. Should you need to return an item you must contact us in advance to arrange this.
Risk and Property
- Risk of damage to or loss of the goods shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the goods at the time we tendered delivery of the goods.
- Until payment in full is received by us in cleared funds in respect of the price for all products supplied to you the goods shall be stored separately from any products or goods belonging to you or any third party and must be clearly marked and identified as being property belonging to Openstrike.
- Until title in the goods has passed to you, you shall keep the goods insured for the price at which the goods were sold to you against all insurable risks and shall account to Openstrike for any monies relating to the goods under any such policy of insurance upon receipt of the same. Any monies received from you by us in accordance with this clause shall not discharge your liability to pay the price for the goods plus interest accrued but shall be set off against any such liability.
Warranties and Liability
We shall have no liability for the following:
- any failure to perform our obligations under this contract if we are prevented from doing so by causes reasonably beyond our control including but not limited to unforeseen circumstances such as industrial disputes, strikes, lockout, fire, accident or war.
- any indirect, special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. Our total liability under this agreement (except for personal injury or death) shall not exceed the price paid.
- Subject to the conditions set out below, we warrant that the goods will correspond with their specification at the time of delivery and will be free from defect in material and workmanship for a period of 6 months from the date of delivery.
The above warranty is given subject to the following conditions.
- We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers' instructions (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
- The above warranty does not extend to parts, materials or equipment not manufactured by the manufacturer or the goods in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
- Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within 28 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the goods and we shall have no liability for such defect or failure and you shall be bound to pay the price as if the goods have been delivered in accordance with this contract.
- Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the goods (or the part in question) or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you.
- Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or, of our employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in the conditions.
- If you intend to use the goods for business purposes, appropriate insurance must be taken out by you.
- Where the goods are sold under a consumer transaction, as defined by The Consumer Transactions (Restrictions on Statements) Order 1976, your statutory rights are not effected by these conditions.
- The goods supplied by us are intended for consumer use only and are not intended for resale.
- You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
- For the avoidance of doubt, nothing of this contract shall confer on any third party any benefit or the right to enforce any term of this contract.
- If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question, shall not be effected.
- The contract shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English Courts.