AND CONDITIONS OF SALE
(Reviewed 3rd January 2017)
By placing an order
with Touchscreens Direct Limited you are accepting these terms and
conditions. Your existing statutory rights are not affected by these
conditions, unless the context requires otherwise:-
1.1 The “seller”
means Touchscreens Direct Limited.
1.1 The “Customer”
or the “buyer” means the person who buys or agrees to buy the goods
from Touchscreens Direct Limited;
1.2 “Conditions” means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by Touchscreens
1.3 “Delivery Date” means the date specified by Touchscreens Direct
when the goods are to be delivered;
1.4 “Goods” means the articles which the Customer agrees to buy from
1.5 “Price” means the price for the Goods excluding delivery charges,
packing, insurance and VAT; and
1.6 “Touchscreens Direct” means Touchscreens Direct Limited of
Unit B3, The Wren Centre, Westbourne Road, Emsworth, Hampshire, PO10
7SU whose registered office is designated
as being at 1 Market Hill, Calne, Wiltshire, SN11 0BT.
includes communications by postal mail, facsimile transmission, email
or text message.
conditions apply to all contracts for sale of goods by the seller to
the buyer and shall be deemed to supersede and exclude all other
terms and conditions including any which the buyer may seek to apply
under any purchase order, confirmation of order, or similar
2.2 No variation or
addition to these terms and conditions shall be effective unless
agreed in writing by a duly authorised officer of the seller.
2.3 No employee or
agent of the seller is authorised to make any representations
concerning goods on the seller’s behalf unless such representations
are confirmed in writing by the seller and any representations made
without the written confirmation of the seller may not be relied
upon in connection with any contract.
2.4 Until despatch
of goods by the seller of goods to the buyer or the buyer’s
acceptance in writing of any quotation of the seller (whichever
shall first occur) no contract for the sale of goods shall arise.
2.5 The seller
shall be at liberty to correct without any liability on the seller’s
part and without prior notification any error or omission in any
sales literature, price list, acceptance of offer, quotation,
invoice, or other document issued by the seller.
2.6 The order shall
only be deemed to have been accepted at either the earlier of the
buyer accepting delivery of the goods or when the seller issues a
written acceptance of the order at which point the contract shall
come into existence.
3.1 The price for
the goods shall be that on the seller’s current price list unless
otherwise agreed in writing by the seller.
3.2 All prices are
exclusive of VAT and charges for postage, packaging and carriage,
all of which shall be paid in addition as agreed in writing.
4.1 The seller is
prepared to consider applications for credit accounts from corporate
customers subject to approved references.
account buyers must make payment in full of any invoice before
despatch of goods.
4.3 Payment may be
made by cash, cheque, credit or debit card, bank transfer or PayPal.
4.4 Buyers with
credit accounts must make payment in full on the terms of credit
agreed which shall not be more than from the end of the month
following the date of invoice unless otherwise agreed in writing by
5. Interest on
5.1 If any invoice
shall become overdue for payment interest shall be payable at 2.5%
per annum above Lloyds Bank plc base rate from time to time from the
date the payment became due under the invoice until the date of
payment. Such interest shall accrue both before and after any
6.1 Free standard delivery applies
for orders placed before 3pm, Monday to Friday, for delivery to UK
For orders where have had to price
match a competitor or offer project pricing based on volume
purchases; we may have to charge delivery. This is most likely the
case for large deliveries (e.g. multiple boxes and/or pallet
We can ship to any worldwide
destinations subject to trading conditions. We are happy to
quote for delivery to UK, EU and worldwide destinations prior to
order. Worldwide deliveries may be subject to exclusions, minimum
order values due to the paperwork required and additional
requirements (such as VAT numbers).
For items showing as 'in stock' we
will dispatch items the same working day for orders placed before
3pm. All deliveries are sent out on a standard delivery service
whilst is classed as delivery within 2-3 working days. For 'in
stock' orders over £250 excluding VAT standard delivery is free of
charge. The customer may upgrade this to a next working
day service for an additional premium, prices upon application.
6.2 The seller will
take all reasonable steps to keep to any estimated delivery date but
time shall not be of the essence. The seller shall not be liable for
any losses consequential or otherwise arising directly or indirectly
out of any failure to meet an estimated delivery date. The seller
reserves the right to make delivery in advance of the quoted
delivery date on giving reasonable notice to the buyer.
otherwise agreed in writing, deliveries may take place at the
buyer’s premises or such premises as are designated by the buyer up
until 6.00 p.m. on the date of delivery. In the event of the buyer
not accepting delivery on the delivery date the first attempt at
delivery is to be considered as the delivery date for the purpose of
6.4 The seller
shall make delivery of the goods to the buyer’s given delivery address and the
buyer shall make arrangements to take delivery of the goods at that
address upon the same being tended for delivery.
6.5 The method of
despatch of all goods shall be at the seller’s absolute discretion.
7. Ownership and
7.1 Upon delivery
of the goods to the buyer or upon the goods being retained at the
seller’s premises at the buyer’s request the risk in the goods shall
pass to the buyer.
7.2 Title to the
goods shall remain vested in the seller until the invoice for the
goods has been paid in full.
7.3 The buyer shall
hold the goods as the seller’s fiduciary agent and bailee until such
time as title to the goods passes to the buyer and shall keep the
goods properly stored and protected and insured and identified as
the seller’s property.
7.4 The buyer shall
not remove, deface or obscure any indentifying mark or packaging on
or relating to the goods and shall maintain the goods in
7.5 If before title
to the goods passes to the buyer, the buyer becomes subject to any
of the events listed in clause 7.5.2, or the seller reasonably
believes that any such event is about to happen and notifies the
buyer accordingly, then, provided that the goods have not been
resold, or irrevocably incorporated into another product, and
without limiting any other right or remedy the seller may have, the
seller may at any time require the buyer to deliver up the goods
and, if the buyer fails to do so promptly, enter any premises of the
buyer or of any third party where the goods are stored in order to
7.5.1 If the
buyer becomes subject to any of the events listed in clause
7.5.2, or the seller reasonably believes that the buyer is about
to become subject to any of them and notifies the buyer
accordingly, then, without limiting any other right or remedy
available to the seller, the seller may cancel or suspend all
further deliveries under the contract or under any other
contract between the buyer and the seller without incurring any
liability to the buyer, and all outstanding sums in respect of
goods delivered to the buyer shall become immediately due.
7.5.2. For the
purposes of clause 7.5.1, the relevant events are:
buyer suspends, or threatens to suspend, payment of its
debts, or is unable to pay its debts as they fall due or
admits inability to pay its debts, or (being a company) is
deemed unable to pay its debts within the meaning of section
123 of the Insolvency Act 1986, or (being an individual) is
deemed either unable to pay its debts or as having no
reasonable prospect of so doing, in either case, within the
meaning of section 268 of the Insolvency Act 1986, or (being
a partnership) has any partner to whom any of the foregoing
buyer commences negotiations with all or any class of its
creditors with a view to rescheduling any of its debts, or
makes a proposal for or enters into any compromise or
arrangement with its creditors other than (where the buyer
is a company) where these events take place for the sole
purpose of a scheme for a solvent amalgamation of the buyer
with one or more other companies or the solvent
reconstruction of the buyer;
a company) a petition is filed, a notice is given, a
resolution is passed, or an order is made, for or in
connection with the winding up of the buyer, other than for
the sole purpose of a scheme for a solvent amalgamation of
the buyer with one or more other companies or the solvent
reconstruction of the buyer;
an individual) the buyer is the subject of a bankruptcy
petition or order;
creditor or encumbrances of the buyer attaches or takes
possession of, or a distress, execution, sequestration or
other such process is levied or enforced on or sued against,
the whole or any part of its assets and such attachment or
process is not discharged within 14 days;
a company) an application is made to court, or an order is
made, for the appointment of an administrator or if a notice
of intention to appoint an administrator is given or if an
administrator is appointed over the buyer
a company) a floating charge holder over the buyer's assets
has become entitled to appoint or has appointed an
person becomes entitled to appoint a receiver over the
buyer's assets or a receiver is appointed over the buyer's
event occurs, or proceeding is taken, with respect to the
buyer in any jurisdiction to which it is subject that has an
effect equivalent or similar to any of the events mentioned
in clause 7.5.2(a) to clause 7.5.2(h) (inclusive);
buyer suspends, threatens to suspends, ceases or threatens
to cease to carry on all or substantially the whole of its
buyer's financial position deteriorates to such an extent
that in the seller’s opinion the buyer’s capability to
adequately fulfil its obligations under the contract has
been placed in jeopardy; and
an individual) the buyer dies or, by reason of illness or
incapacity (whether mental or physical), is incapable of
managing his or her own affairs or becomes a patient under
any mental health legislation.
Termination of the contract, however arising, shall not affect
any of the parties' rights and remedies that have accrued as at
termination. Clauses which expressly or by implication survive
termination of the contract shall continue in full force and
7.6 Whilst the
purchase price for any goods delivered to the buyer shall remain
overdue for payment either wholly or in part without prejudice to
any of its other rights the seller may recover and/or resell the
goods or any of them and may enter on the buyer’s premises by its
servants or agents to recover the goods and shall be entitled to
recover from the buyer any costs incurred in connection with such
7.7 Until payment
for any goods has been made in full the buyer shall not pledge,
charge by way of security or in any other way encumber the goods
which remain the property of the seller.
Direct warrants that the Goods supplied will, at the time of
delivery, correspond to the description given by Touchscreens Direct
at time of ordering, except where the Customer is dealing as a
consumer (as defined in the Unfair Contract Terms Act 1977 Section
12 and/or the Unfair Terms in Consumer Contracts Regulations 1999
Regulation 3(1)) all other warranties, conditions or terms relating
to fitness for purpose, quality or condition of the Goods, whether
express or implied by statute or common law or otherwise are
excluded to the fullest extent permitted by law.
8.2 The seller
accepts no liability for any defect arising on errors or omissions
in any drawing specification or design supplied by the buyer to the
8.3 The seller will
accept no responsibility for any defect in the goods arising from
wilful damage, neglect, failure to follow manufacturer’s
instructions, failure to follow the seller’s oral or written
instructions as to the storage, maintenance or installation of goods
or the good practice regarding the usage of goods, abnormal working
conditions or abuse or alteration or repair during the
manufacturer’s warranty period without the seller’s written
8.4 Warranty on all
products supplied is maintained directly by the manufacturer.
8.5 Save as
provided in these conditions and save and except where the buyer is
dealing as a consumer all warranties, conditions or other terms
implied by statute, common law or otherwise are excluded to the
extent permitted by law.
8.6 Save in respect
of death or personal injury caused by the seller’s negligence the
seller shall not be responsible for any incompatibility of use
issues or held liable to the buyer by reason of any representation
or any implied warranty, condition or other term or any duty of
common law for any direct or indirect special or consequential loss
or damage expenses or other claims for compensation whatsoever
whether caused by negligence of the seller, its employees or agents
or otherwise which arise out of or in connection with the supply of
goods or their use or resale by the buyer of whatsoever nature.
8.7 The buyer may
purchase an extended warranty from the seller on terms to be agreed
in writing by the seller.
8.8 Any liability
of the seller in connection with claims made under the contract
shall not exceed the price of the goods actually paid by the buyer
unless otherwise specifically agreed in writing by the seller.
8.9 The seller
shall not be liable for any delay in delivery of the goods that is
caused by a Force Majeure Event as defined in clause 10 or the
buyer’s failure to provide the seller with adequate delivery
instructions or any other instructions relevant to the supply of
9. Limitation on
9.1 The seller
shall under no circumstances whatever be liable to the buyer,
whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, for any loss of profit, or any
indirect or consequential loss arising under or in connection with
the contract; and the seller’s total liability to the buyer 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 amount actually paid for the goods by the buyer.
9.2 Nothing in
these conditions shall limit or exclude the seller's liability for:
(a) death or
personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors (as applicable);
(b) fraud or
(c) breach of
the terms implied by section 12 of the Sale of Goods Act 1979;
products under the Consumer Protection Act 1987; or
(e) any matter
in respect of which it would be unlawful for the seller to
exclude or restrict
10. Force Majeure
The seller shall
not be liable to the buyer or held to be in breach of the contract
by reason of any delay in performing or failure to perform any of
the seller’s obligations in respect of the goods if such delay or
failure was caused by a Force Majeure Event A Force Majeure Event
means any event beyond a party's reasonable control, which by its
nature could not have been foreseen, or, if it could have been
foreseen, was unavoidable, including without limitation strikes,
lock-outs or other industrial disputes (whether involving its own
workforce or a third party's), failure of energy sources or
transport network, acts of God, war, terrorism, riot, civil
commotion, interference by civil or military authorities, national
or international calamity, armed conflict, malicious damage,
breakdown of plant or machinery, nuclear, chemical or biological
contamination, sonic boom, explosions, collapse of building
structures, fires, floods, storms, earthquakes, loss at sea,
epidemics or similar events, natural disasters or extreme adverse
weather conditions, or default of suppliers or subcontractors.
11. Cancellation of
Contract/Return of Goods/Replacement of Defective Goods
11.1 No contract
may be cancelled once it is accepted by the seller and no goods may
be returned save at the absolute discretion of the seller.
11.2 In the event
that the seller agrees to accept the return of non-defective goods
such return will be on the following conditions:-
buyer must obtain a goods return number from the seller which
number must clearly be displayed on each parcel to be returned.
The goods must be returned in the manufacturer’s original
packaging in unopened condition complete with any accessories,
manual and other documentation. Software packages must have the
software seal in tact. If these conditions are not complied with
returned goods will be rejected.
11.2.2 If in
the opinion of the seller damage has been caused to the goods
during transport from the buyer to the seller the buyer will
remain liable for the full cost of the goods or at the
discretion of the seller cost of remedying any damage.
11.2.3 If the
seller accepts the return of goods (other than on the grounds of
defect) the seller reserves the right to make a handling and
restocking charge of 25%.
11.3 Any alleged
defect in the goods must be notified to the seller within seven days
of the date of delivery. In the event that delivery is not refused
and the buyer fails to notify the seller within the time stated no
rejection of the goods will be accepted and the full purchase price
shall be payable by the buyer.
11.4 In the event
that any valid claim is notified to the seller based on the goods
delivered under the contract being defective the seller shall at
their discretion be entitled to replace the goods free of charge or
refund the buyer the price of the goods actually paid by the buyer
and the seller shall have no further liability to the buyer.
11.5 The buyer
shall retain the goods in respect of which allegation of defect is
made together with the original manufacturer’s packaging for a
reasonable time to enable the seller or its agent to inspect the
goods or to arrange for the goods to be collected from the buyer if
the seller would so require.
otherwise agreed in writing by the seller no credit for return goods
will be given in the case of goods returned other than by reason of
11.7 Goods ordered
by customers other than those included in the seller’s sales
catalogue will not be accepted for return save where specifically
agreed in writing by the seller.
Your privacy is really important to us, and we understand how
important it is to you. Our aim is to be as clear and open as
possible about what we do and why we do it. Touchscreens Direct is
committed to the online privacy of all its customer. However, in
reality we store very little data on our customers, far less than
most other online retailers.
information you provide when using the Touchscreens Direct website
and/or Touchscreens Direct's services including phone, email, fax,
text and all other communications methods.
12.1 Information We Collect
To be able to order from us we have to collect certain information
from you. As part of this, you may be required to give some contact
and financial information. We use the information given to us by you
to provide the goods or services you request from us in the way that
Name, address and postcode - without this we won't know where to
send your order or to whom.
Email address - we send a confirmation of your orders via email.
Telephone numbers - if there are any problems with your order or we
need to check anything, we need to be able to contact you quickly.
Payment card number, expiry date, issue no and name of card holder –
when you purchase a product or service we need these details so we
can collect payment in the same way as when we take payment in a
store via chip and pin.
Correspondence - if you contact us we may keep a record of that
correspondence. This may cover, but not be restricted to, emails,
letter, fax or text messages. We do not record telephone calls
to/from our customers although reserve the right to store voicemails
IP addresses - when you visit our site, we will automatically
receive your IP address, a unique identifier for your computer or
other access device.
12.2 How We Use The Information We Collect
Our main uses of your information are explained above which in
general is to process your orders, as well as to help us understand
your needs and provide you with a better service by means of the
Marketing - we may use the information we collect to inform you, by
letter, phone, SMS, push notification or equivalent, or email, about
offers, products and services that we think may be of interest to
you and we may tell you about other organisations' products and
services. You can opt out of this at any time simply by contacting
us or replying to any communication, such as email or text, we send
Customer care and correspondence - as part of our customer care
procedures, we may follow-up, either by letter, phone, SMS or email,
customers who have purchased goods or services from our website or
who have posted comments about Touchscreens Direct on the internet,
for example to resolve a complaint or to ask for a testimonial.
Market research - from time to time, we may also use your
information to contact you for market research purposes. We may
contact you by letter, phone, SMS or email.
Fraud Prevention - in order to protect our customers and us from
fraud and theft, we may look at the information that we get from
making identity checks and other information in our customer
records, including how you conduct your account, and may pass this
to other group companies, other retailers and to financial and other
organisations (including law enforcement agencies) involved in fraud
prevention and detection, to use in the same way. When you apply for
products or services through our website you may also be required to
go through a more detailed credit check on terms which will tell you
about you first.
We do not store cookies when people visit our website. A cookie is a
small text file that may be placed on your device when you visit our
website which helps us to identify you should you visit us again.
12.4 Who We Share The Information With
We will not sell your personal information to third parties unless
you say we can (for example for carefully selected third parties to
contact you) or are required by law. We may share your information
with third parties to process and fulfil your order, to provide
services you request, for business analysis purposes, for the
purposes of fraud prevention or if Touchscreens Direct itself, or
any of our business is bought or sold.
Market Research - we may provide information at an aggregated
statistical level about our customers, sales, traffic patterns and
related site information to third parties, but this information will
not identify individuals.
Processing by third parties - from time to time we may employ other
companies and individuals to perform functions on our behalf.
Examples include completing orders, delivering packages, sending
postal mail and e-mail, removing repetitive information from
customer lists, confirming contact details, looking at information,
providing marketing assistance, providing search results and links
(including paid listings and links), processing credit card payments
and providing customer service. They have access to personal
information needed to perform their functions, but may not use it
for other purposes. They must also process the personal information
International transfers - in order to carry out the steps set out
above we may send your personal information outside of the European
Economic Area and, if necessary, across international borders. The
data protection laws in these countries may not be as comprehensive
as in the European Economic Area. However, we have taken appropriate
steps to make sure the same level of protection for the processing
carried out in these countries as within the European Economic Area.
12.5 Storage of Data
We will not store your personal information for any longer than we
need to, however we may be obliged by law to store your
communications and personal information including activity logs and
we may need to show details of these to government or authorised
officials upon request. Like many websites, we use log files to
monitor the effectiveness of our online marketing programmes.
12.6 Access Rights
You have a right to access the personal information that is held
about you. To obtain a copy of the personal information Touchscreens
Direct holds about you, please write to us at the following address
enclosing your postal details and a cheque for £10, which we are
entitled by law to charge, payable to Touchscreens Direct Limited:
Data Protection Officer,
Touchscreens Direct Limited
Unit B3, The Wren Centre,
Information security is very important to us and we have taken many
steps to make sure your transactions are secure.
Payment Card Security - Effective January 1st 2017 we use Payzone
Merchant Services to process all of our credit and debit
transactions. As a merchant services provider with over 25
years of experience, they are officially licensed by MasterCard and
Visa International as an Independent Sales Organisation and Member
Service Provider and work in association with a number of merchant
acquiring providers who undertake the processing of card
transactions incorporating the latest security technologies to make
sure that the details you provide to us when placing an order are
kept private and secure.
Our website may contain links to let you to visit other websites of
interest easily. Once you have used these links to leave our
website, you should be aware that we do not have any control over
that other website. As such we cannot be responsible for the
protection and privacy of any information which you provide whilst
visiting these websites, and they are not governed by this Privacy
Policy. Touchscreens Direct is not responsible for any products
and/or services featured on any third party website. You should
website in question.
13.1 Any notice
required to be given by the buyer to the seller shall be in writing
addressed to the seller at his registered office or principle place
of business and shall be delivered personally or sent by first class
pre-paid recorded delivery mail.
14. Entire agreement
14.1 The contract
constitutes the entire agreement between the parties. The buyer
acknowledges that it has not relied on any statement, promise or
representation made or given by or on behalf of the seller which is
not set out in these terms and conditions.
15.1 If any court
or competent authority finds that any provision of these terms and
conditions (or part of any provision) is invalid, illegal or
unenforceable, that provision or part-provision shall, to the extent
required, be deemed to be deleted, and the validity and
enforceability of the other provisions of the terms and conditions
shall not be affected.
15.2 If any
invalid, unenforceable or illegal provision of the terms and
conditions would be valid, enforceable and legal if some part of it
were deleted, the provision shall apply with the minimum
modification necessary to make it legal, valid and enforceable.
16.1 A waiver of
any right or remedy under the terms and conditions is only effective
if given in writing and shall not be deemed a waiver of any
subsequent breach or default.
16.2 No failure or
delay by a party to exercise any right or remedy provided under the
terms and conditions or by law shall constitute a waiver of that or
any other right or remedy, nor shall it preclude or restrict the
further exercise of that or any other right or remedy. No single or
partial exercise of such right or remedy shall preclude or restrict
the further exercise of that or any other right or remedy.
17. Third party
17.1 A person who
is not a party to these terms and conditions shall not have any
rights under or in connection with them.
Direct reserve the right to change, add to or amend these terms at
19. Governing law
1891 The contract,
these conditions 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), shall be governed by, and
construed in accordance with, English law, and the parties
irrevocably submit to the exclusive jurisdiction of the courts of
England and Wales.