Terms and conditions for the supply of goods (June 2013 edition)

  1. 'We' 'Us' refers to Belkin Limited of Shipton Way, Express Park, Rushden, Northants, NN10 6GL.
  2. Registered in England and Wales with company registration number 03168562.
  3. VAT number 660 5476 30.
  4. This site is directed at (a) United Kingdom resident consumer customers and (b) customers buying in the course of their businesses.
  5. If you are a consumer who is not resident in the United Kingdom, DO NOT USE THIS SITE. We reserve our right to refuse to supply our goods to you without reason.
  1. THE CONTRACT BETWEEN US
  2. 1.1   Once your order has been received by us we will confirm receipt by sending an email to you at the email address you provide in your order form. We will only accept your order upon our shipping the goods to you (and not before); shipping of the goods by us brings into existence a legally binding contract between us.
         
    1.2   We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will only contact your debit or credit card provider to collect payment from you when we are ready to ship the goods.
         
  3. GOODS
  4. 2.1   The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
         
  5. THIS CLAUSE 3 ONLY APPLIES IF YOU ARE A CONSUMER
  6. 3.1   If you are a consumer, you may only purchase Goods from our site if you are at least 18 years old.
         
    3.2   As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
         
  7. THIS CLAUSE 4 ONLY APPLIES IF YOU ARE A BUSINESS
  8. 4.1   If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
         
    4.2   These Terms, our Privacy Policy, Terms of Website Use and Cookie Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.
         
  9. OUR RIGHT TO VARY THESE TERMS
  10. 5.1   We may revise these Terms from time to time in the of changes in how we accept payment from you or changes in relevant laws and regulatory requirements.
         
    5.2   Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.
         
    5.3   Whenever we revise these Terms in accordance with this clause 5, we will keep update the relevant date at the top of this page.
         
  11. PRICE
  12. 6.1   The prices payable for goods that you order are as set out in our website.
         
    6.2   You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
         
  13. RIGHT FOR YOU TO CANCEL YOUR CONTRACT - CONSUMER CUSTOMERS ONLY
  14. 7.1   You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
         
    7.2   You cannot cancel your contract if the goods you have ordered are newspapers or magazines, are custom made for you or if you have either (a) taken any audio or video recording or computer software out of the sealed package in which it was delivered to you or (b) downloaded it.
         
    7.3   To cancel your contract you must notify us by entering your information on the following page: https://www.belkin.com/uk/support/returns .
         
    7.4   If you have received the goods before you cancel your contract then unless, under clause 7.2, you do not have a right to cancel, you must send the goods back to our contact address at your own cost and risk. If you cancel your contract before receiving the goods, you must not unpack the goods when they are received by you; you must instead send the goods back to us at our contact address at your own cost and risk as soon as possible.
         
    7.5   Once you have notified us that you are cancelling your contract, any sum debited to us from your debit or credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
         
  15. NON-ACCEPTANCE BY US OF YOUR ORDER
  16. 8.1   We may in our absolute discretion decide not to accept your order. Without limiting this discretion, we may for example do this where:
    i. we have insufficient stock to deliver the goods you have ordered;

    ii. we do not deliver to your area; or

    iii. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
         
    8.2   If we decide not to accept your order we will notify you by email and will credit to your account any sum deducted by us from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
         
  17. DELIVERY OF GOODS TO YOU
  18. 9.1   We will deliver the goods ordered by you to the address in the UK you give us for delivery at the time you make your order. Unfortunately, we do not deliver to PO box addresses or to addresses outside the UK.
         
    9.2   Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
         
    9.3   You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
         
  19. OUR WARRANTY FOR THE GOODS
  20. 10.1   Please visit http://www.belkin.com/us/search?text=product+warranty for full details of Belkin's warranty conditions. Return procedures can be found at this page address: https://www.belkin.com/uk/support/returns. If you are a consumer any warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
         
  21. LIABILITY. THIS CLAUSE 11 ONLY APPLIES IF YOU ARE A BUSINESS CUSTOMER
  22. 11.1   Nothing in these Terms limits or excludes our liability for:
    i. death or personal injury caused by our negligence;

    ii. fraud or fraudulent misrepresentation;

    iii. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

    iv. defective goods under the Consumer Protection Act 1987.
         
    11.2   Subject to clause 11.1 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    v. any loss of profits, sales, business, or revenue;

    vi. loss or corruption of data, information or software;

    vii. loss of business opportunity;

    viii. loss of anticipated savings;

    ix. loss of goodwill; or

    x. any indirect or consequential loss.
         
    11.3   Subject to clauses 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods plus the reasonable cost to you in returning the Goods to us.
         
    11.4   Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
         
  23. LIABILITY. THIS CLAUSE 12 ONLY APPLIES IF YOU ARE A CONSUMER CUSTOMER
  24. 12.1   If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
         
    12.2   If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
         
    12.3   If you notify a problem to us under clauses 12.1 or 12.2 above, our only obligation will be, at your option:
    i. to make good any shortage or non-delivery;

    ii. to replace or repair any goods that are damaged or defective; or

    iii. to refund to you the amount paid by you for the goods in question in whatever way we choose.
         
    12.4   You agree not to use the product for any commercial, business or re-sale purposes.
         
    12.5   Save as precluded by law, we will not be liable to you for any loss of profits, business or goodwill, indirect or consequential loss, damage or expenses (including) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.3.3 above.
         
    12.6   You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
         
    12.7   Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
         
  25. NOTICES
  26. 13.1   Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to Customer Services, Belkin Limited, Shipton Way, Express Park, Rushden, Northants, NN10 6GL and / or by entering your information at the following page HTTP://WWW.BELKIN.COM/UK/CONTACT-SUPPORT All notices from us to you will be displayed on our website from to time.
         
  27. EVENTS BEYOND OUR CONTROL
  28. 14.1   We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident epidemic or other natural disaster.
         
  29. PRIVACY
  30. 15.1   You acknowledge and agree to be bound by the terms of our Privacy policy. http://www.belkin.com/uk/privacypolicy
         
  31. OTHER IMPORTANT TERMS
  32. 16.1   We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by a posting on the website if this happens.
         
    16.2   You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
         
    16.3   This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
         
    16.4   Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
         
    16.5   If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
         
    16.6   These Terms, our Website Terms of Use together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
         
    16.7   If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
         
    16.8   If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.