- In these terms and conditions unless the context otherwise requires the following words shall have the following meanings:
- 1.1 We/Us/Ours means Now Group UK Ltd trading as AlcoSense™
- 1.2 Our Premises means Now Group UK Ltd Unit 3, Maidenhead Enterprise Centre, Cordwallis Street, Maidenhead SL6 7BE United Kingdom or such other address as we shall from time to time advise
- 1.3 The Product means the goods to be supplied by Us to You as specified in the Order including without limitation any accessories and/or gifts and free offers.
- 1.4 You/Your means the purchaser of the Product from Us
- 1.5 Price means the price for the Product specified in the Order
- 1.6 Delivery means delivery will take place immediately upon the Product being signed for by or on behalf of You. Any person signing on behalf of You at Your Address will be deemed to have your authority so to do.
- 1.7 Your Address means the address for Delivery advised by You and specified in the Order
- 1.8 “as new” condition means the Product being in the same condition as it was when it was despatched from Our Premises complete unused and without any damaging or marking of the Product or any part of it and/or any packaging connected with it including without limitation the original packaging, including any seals or shrink wrapping intact. Software must be sealed.
- 1.9 Sales Receipt means any order confirmation form sent by Us to You in correspondence or by electronic communications. For the elimination of doubt this includes Invoices.
- 1.10 Interest Rate means 17% above the base lending rate of the Bank of England charged on a per annum basis calculated daily
- 1.11 these Conditions means these terms and conditions
- 1.12 The Cancellation Date means 14 days beginning with the day after the day of Delivery
- 1.13 Order means the contract formed in accordance with clause 2 below
- 1.14 Excluded Damage means any defect fault and/or damage resulting from loss wilful damage negligence breach of these Conditions by You accident misuse or normal wear and tear after Delivery
2. Formation of Contract
- 2.1 Any order received by Us from You shall be accepted entirely at Our discretion and, if so accepted, will only be accepted upon these Conditions and by means of Our Sales Receipt. Each order which is so accepted shall constitute an individual legally binding contract between Us and You.
- 2.2. These Conditions shall override any contrary different or additional terms and conditions (if any) contained on or referred to in any order form or other document or electronic communication or correspondence from You, and no addition, alteration or substitution of these Conditions will bind Us or form part of any Order unless they are expressly accepted in writing by a person authorised to sign on Our behalf.
- 3.1 Payment of the Price shall be due in full on the date of the Order prior to despatch of the Product to You.
- 3.2 All sums that may be due and owing to Us including without limitation the Price whether or not formally demanded or due for payment shall be due and payable immediately and interest shall accrue at the Interest Rate from the date the Price is due for payment.
- 3.3 If credit terms are agreed Payment of the Price shall be due in full on the day the agreed credit term expires. If payment is not made we reserve the right to charge interest on the Price of the Product at the Interest Rate.
- 3.3 Payment on time is of the essence
4. Returns and Cancellation Policy
- You can cancel the Order at any time up to and including the 14 days from the date of Delivery (the Cancellation Date) by using the procedure set out below. If this procedure is not correctly invoked You will be deemed to have accepted the Product immediately upon the expiry of the Cancellation Date.
- 4.1 In all correspondence or phone calls you must quote your sales number (found at the top of the Sales Receipt or Invoice) and use the following steps:
- 4.1.1 Phone Us on 0800 195 0088 (9.30am to 5.30pm weekdays only) or such other number as We may notify to You or e-mail Us at [email protected]. Ask for the returns department and request a return authorisation giving the reason for the return.
- 4.1.2 Unless we agree in writing in advance to the contrary You must send the Product back to Us to arrive at Our Premises within 21 days of Delivery by an insured and tracked delivery method. You must include a copy of your Sales Receipt, a covering letter detailing the reason for the return and a daytime contact telephone number. You are responsible for the costs and risk of returning the Product.
- 4.1.3 Upon safe receipt of the Product from You our returns department will test the Product and determine the condition of the Product.
- 4.2 The Product must be in an “as new” condition.
- 4.3 For the purposes of the proper exercise by You of your cancellation rights only if We are satisfied that these procedures have been complied with and the Product is in “as new” condition You will receive a full refund (excluding the appropriate shipping and administration charge).
- 4.4 If the Product is returned incomplete We will call You to ask for You to return the remaining parts in the same manner as set out in clause 4.1.2 above. If the missing parts are not returned to us within 5 working days of us contacting you we reserve the right to charge you for the missing parts to make the product “as new”.
- 4.5 If the Product or any part of it is returned to us in a not “as new” condition (including without limitation any Excluded Damage) We reserve the right to charge you for the repair or replacement of the Product and/or any part or to return the Product to You without refunding You and without any further liability on Our part.
- 4.6 Notwithstanding Your compliance with the above procedure the Order cannot be cancelled if:
- 4.6.1 We receive the Product 21 days or more after Delivery.
5. Delivery Property and Risk
- 5.1 Unless otherwise stated in the Order the Price includes Delivery provided that We reserve the right to make an additional charge to cover any increase in transport costs occurring before Delivery.
- 5.2 Any time or date for delivery given by Us is given in good faith but is an estimate only.
- 5.3 Risk in the goods shall pass to You upon Delivery.
- 5.4 Ownership of the Product shall not pass to You until You have paid the Price and We have received the same as cleared funds. But even though ownership has not passed We shall be entitled to sue for the Price once its payment has become due. Alternatively and at Our discretion until such time as the ownership of the Product passes to You we shall be entitled to retain possession of the Product or the prompt return of the Product on demand and at your expense and to pursue You for any damages suffered by Us howsoever caused.
- 5.5 Until such time as the ownership of the Product passes to You, You shall hold it on Our behalf and keep it safe, insured and identified as Our property.
- 5.6 All intellectual property rights relating to the Product belongs to and vests in its originator absolutely and shall continue to be vested in its originator.
- 5.7 If delivery to Your address fails twice we reserve the right to charge You for a third delivery. If the Product is returned to Our address as a result of failed delivery to Your address we reserve the right to charge You for shipment back to Our address and for re-delivery of the product to You.
6 Damage in transit and incomplete orders.
- 6.1 If You do not receive a complete Product please check that it has been dispatched by checking Your Sales Receipt. If Your Order is not in transit to You please e-mail us at [email protected] or telephone 0800 195 0088.
- 6.2 In the unlikely event that the Product is damaged or faulty on Delivery You must inform us either by telephone or e-mail within 12 hours of Delivery. You must then follow the procedure set out in clauses 4.1 4.2 4.4 and 4.5 above (excluding clause 4.3)
7 Faulty Product
- 7.1 We will at our discretion repair, replace or exchange with a product of similar specification any faulty Product if We are notified of any fault within one year of Delivery. You must comply with clauses 4.1, 4.4 and 4.5 above (excluding clauses 4.2 and 4.3)
- 7.2 We accept no liability for Excluded Damage.
- 7.3 We do not warrant the accuracy of any information supplied through the Product and in particular but without limitation we shall not be liable for the failure of the Product to provide any alert.
- 7.4 Whilst the Product can currently be owned and used legally in the United Kingdom, We give no warranty that such will continue to be the case or that the Product can be owned and used legally in continental Europe and We shall have no liability to You in respect thereof.
- 7.8 We exclude all other liability to You whether contractual tortious or otherwise for defects in the Product or for any loss or damage to or caused by the Product and subject to condition 10 below all other conditions warranties stipulations or other statements whatsoever concerning the Product whether express or implied by statute at common law or otherwise howsoever are hereby excluded; in particular (but without limitation of the foregoing) We grant no warranties regarding the fitness for purpose performance use nature or quality of the goods whether express or implied by statute at common law or otherwise howsoever.
8 Economic Loss
- Subject to condition 10 below and notwithstanding anything contained in these Conditions (other than condition 10 below) in no circumstances shall We be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof (i) for any loss of profit business contract revenues or anticipated savings or (ii) for any special indirect or consequential damage of any nature whatsoever.
9 Limitation of Liability
- Subject to condition 10 below and notwithstanding anything contained in these Conditions (other than condition 10 below) our liability to You in respect of the Order in contract tort (including negligence or breach of statutory duty) or howsoever otherwise arising shall be limited to the Price of the Product specified in the Order
10 Unfair Contract Terms Act 1977
- 10.1 If and to the extent that section 6 and/or section 7 of the Unfair Contract Terms Act 1977 applies to the Order no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict our liability for breach of the applicable warranties implied into the Conditions by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 whichever Act applies to the Order.
- 10.2 If and to the extent that Section 2(1) of the Unfair Contract Terms Act 1977 applies to the Order nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict Our liability for death or personal injury caused to You by reason of Our negligence.
11 Your obligations
- In addition to all other obligations undertaken by You in these Conditions You undertake to comply with the following obligations:-
- 11.1 You will install the Product in accordance with all instructions provided by Us and the manufacturer
- 11.2 You will not tamper with alter or undertake any repairs on the Product or attempt to do so
- 11.3 You will be responsible at all times for complying with the law including any changes in the law applicable to You and will indemnify Us for any damages We suffer as a result of any illegal use of the Product or any part by You or any third party.
12 Data Protection
13 Non Waiver
- Failure by Us to enforce a provision of these Conditions shall not affect Our right to require such performance by You at any subsequent time
- All notices under this Order shall be in writing and be deemed to have been duly given by either party when sent by first class post to the last known address of the other party or by e-mail to the last known e-mail address provided by either party for this purpose.
15 Applicable Law
- The Order shall be considered a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
16 Force Majeure
- If performance of this Order is delayed or prevented by any cause or causes beyond Our control We shall be entitled to terminate the Order or suspend Our duty to perform for as long as the circumstances amounting to force majeure continues. We shall not be liable for any costs arising out of termination of this Order or suspension of Our duty to perform under this clause.
17 AlcoSense™ Limited Warranty
- 17.1 Warrantor
- This Limited Warranty is granted by and this Limitation of Liability is stipulated for the benefit of AlcoSense™, a trade mark of Now Group UK Ltd, Unit 3, Maidenhead Enterprise Centre, Cordwallis Street, Maidenhead SL6 7BE United Kingdom.
- 17.2 What This Warranty Does Cover
- Now Group UK Ltd. (“AlcoSense™”) warrants to you that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date that the Hardware was first purchased by you (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced at AlcoSense™'s choice (“Limited Warranty”) without charge to you for either parts or labour. This Limited Warranty covers the replacement of the Hardware only. If the Hardware is repaired after the Warranty Period has expired (at your cost), the Warranty Period for the repair will expire six (6) months after the date of repair.
- 17.3 What This Warranty Does Not Cover
- The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorised by AlcoSense™ and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware or calibration of the Hardware.
- 17.4 How to Make a Warranty Claim
- In order to make a claim of a Defect, you must contact AlcoSense™ by email or telephone during the Warranty Period via www.AlcoSense.co.uk to explain the Defect and to obtain an RMA number (Return Materials Authorisation) if necessary. You must return the Hardware during the Warranty Period, along with an explanation of the Defect, to the address provided to you by AlcoSense™. If a defect arises and a valid claim under this Limited Warranty is received by AlcoSense™ after the first one hundred and eighty (180) days of the Warranty Period, AlcoSense™ is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by AlcoSense™, if any.
- 17.5 Your Legal Rights
- Some countries may not allow the exclusion or limitation of damages. If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect.
- 17.5.1 This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
- 17.5.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, AlcoSense™ and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Hardware or otherwise arising out of the use of the Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Hardware. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
- 17.5.3 This Limited Warranty does not affect any legal rights under applicable national legislation governing the sale of consumer goods.
- 17.5.4 This Limited Warranty cannot be transferred to any other person.
18 Limitation of Liability
- 18.1 Neither Now Group UK Ltd nor its suppliers shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use the equipment, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Hardware even if Now Group UK Ltd has been advised of the possibility of such damages.
- 18.2 Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Now Group UK Ltd and any of its suppliers shall be limited to the amount actually paid by you for the Hardware.
- 18.3 Now Group UK Ltd shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
- 18.4 Notwithstanding the above, neither party's liability for death or personal injury resulting from its own negligence shall be limited.
- 18.5 If any of these terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever such term shall be divisible from these terms and shall be deemed to be deleted from them.