Terms & Conditions
Conditions of Sale
(1) Introduction
Please read these conditions of sale carefully.
You will be asked to expressly agree to these conditions of sale before you place an order for products from our website.
(2) Interpretation
In these conditions of sale, “we” and “us” and “our” and “3Phase and will be construed accordingly. And “you”
means our customer or potential customer for products (and “your” will
be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to
treat”; and your order for products constitutes a contractual offer.
No contract will come into force between you and us unless and until we
accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will
need to take the following steps: (i) you must add the products you
wish to purchase to your shopping cart, and then proceed to the
checkout; (ii) if you are a new customer, you must then create an
account with us and log in; if you are an existing customer, you must
enter your login details; (iii) once you are logged in, you must select
your preferred method of delivery and confirm your order and your
consent to these conditions of sale; (iv) you will be transferred to the
PayPal website, and PayPal will handle your payment; (v) we will then
send you an initial acknowledgement; and (vi) once we have checked
whether we are able to meet your order, we will either send you an order
confirmation (at which point your order will become a binding contract)
or we will confirm by email that we are unable to meet your order.
We will not file a copy of these conditions of sale specifically in
relation to your order. We may update the version of these conditions
of sale on the website from time to time, and we do not guarantee that
the version you have agreed to will remain accessible. We therefore
recommend that you download, print and retain a copy of these conditions
of sale for your records.
The only language in which we provide these conditions of sale is English.
Before you place your order, you will have the opportunity of
identifying whether you have made any input errors by reviewing your
order on screen. You may correct those input errors before placing your
order by revising the product and/or quantity shown.
(4) The products
All product listed on our website are available for purchase.
(5) Price and payment
Prices for products are quoted on our website. The website contains a
large number of products and it is always possible that some of the
prices on the website may be incorrect. We will verify prices as part
of our sale procedures so that a product's correct price will be stated
[when you pay for the product].
In addition to the price of the products, you may have to pay a delivery
charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold
the products and/or cancel the contract between us if the price is not
received from you in full in cleared funds.
The prices on the website include value added tax.
Payment for all products must be made by PayPal.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately
and provide full details of your claim. If you submit an unjustified
credit card, debit card or other charge-back then you will be liable to
pay us, within 7 days following the date of the charge-back: (i) an
amount equal to the amount of the charge-back; (ii) all third party
expenses incurred by us in relation to the charge-back (include charges
made by our or your bank or payment processor or card issuer); (iii) an
administration fee of GBP 15 (including VAT); and (iv) all our
reasonable costs, losses and expenses incurred in recovering the amounts
referred to in this paragraph (including without limitation legal fees
and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified
credit card, debit card or other charge-back, then we may terminate any
contracts between you and us under these terms of sale by giving you
written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember
the source of an entry on your card statement or other financial
statement, and make a charge-back as a result, this will constitute an
unjustified charge-back.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you
have full authority, power and capacity to agree to these conditions of
sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
[(d) you are resident in the United Kingdom and
[(e) you are at least 18 years of age.
(7) Delivery policy
We or our appointed delivery agent will arrange for the products to be
delivered to the address for delivery indicated in your order. Some
products may only be available for collection at a branch. This will be
detailed on the individual product's page.
We or our appointed delivery agent will use reasonable endeavours to
deliver products on or before the date for delivery set out in our order
confirmation or, if no date is set out in our order confirmation,
within 7 days of the date of our order confirmation. However, we cannot
guarantee delivery by the relevant date. We do however guarantee that
unless there are exceptional circumstances all deliveries of products
will be dispatched within 30 days of the later of receipt of payment and
the date of our order confirmation.
We or our appointed delivery agent will only deliver products within the United Kingdom
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance
contract to purchase a product or products from us at any time within 7
working days after the day you received the relevant products or
products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
You will not have any such right insofar as a contract relates to: (i)
the supply of any products which constitute audio or video recordings or
computer software which have been unsealed by you; (ii) the supply of
products the price of which is dependent upon fluctuations in financial
markets which we cannot control; (iii) the supply of newspapers,
periodicals or magazines; (iv) the supply of goods made to your
specifications or clearly personalised; or (v) the supply of goods which
by reason of their nature cannot be returned or are liable to
deteriorate or expire rapidly.
If you cancel a contract on this basis, you must promptly return the
products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full
(including the cost of sending the products to you). However, you will
be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the
products to us, we may recover the products and charge you for the costs
we incur in doing so. Similarly, if you return the products at our
expense, we may pass that expense on to you.
(10) Statutory rights
Nothing in these conditions of sale affects your statutory rights
(including your right to receive a refund in respect of any defective
product we sell to you).
(11) Refunds
If you cancel a contract and are entitled to a refund, we will usually
refund any money received from you using the same method originally used
by you to pay for your purchase. We will process the refund due to you
as soon as possible and, in any event, within 30 days of the day we
received your valid notice of cancellation.
(12) Limitations and exclusions of liability
Nothing in the conditions of sale will: (a) limit or exclude the
liability of a party for death or personal injury resulting from
negligence; (b) limit or exclude the liability of a party for fraud or
fraudulent misrepresentation by that party; (c) limit or exclude any
liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods
Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any
liability of a party in any way that is not permitted under applicable
law; or (e) exclude any liability of a party that may not be excluded
under applicable law. Any statutory rights which you have as a
consumer, which cannot be excluded or limited, will not be affected by
the conditions of sale.4
The limitations and exclusions of liability set out in this Section and
elsewhere in the conditions of sale: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the conditions
of sale or in relation to the subject matter of the conditions of sale,
including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any
event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as
loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or
goodwill.
(13) General terms
We will treat all your personal information that we collect in
connection with your order in accordance with the terms of our Privacy
and Security Policy; use of our website will be subject to our website
terms of use detailed below.
Contracts under these conditions of sale may only be varied by an
instrument in writing signed by both you and us. We may revise these
conditions of sale from time-to-time, but such revisions will not affect
the terms of any contracts which we have entered into with you.
If any provision of these conditions of sale is held invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions will remain in full force and effect, and such invalid or
unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these conditions of sale, whether by
conduct or otherwise, in any one or more instances, will be deemed to
be, or be construed as, a further or continuing waiver of that provision
or any other provision of these conditions of sale.
You may not assign, charge, sub-contract or otherwise transfer any of
your rights or obligations arising under these conditions of sale. Any
attempt by you to do so will be
null and void. We may assign, charge, sub-contract or otherwise
transfer any of our rights or obligations arising under these conditions
of sale, at any time – providing such action does not serve to reduce
the guarantees benefiting you under these conditions of sale.
Each contract under these conditions of sale is made for the benefit of
the parties to it and is not intended to benefit, or be enforceable by,
any other person. The right of the parties to terminate, rescind, or
agree any amendment, variation, waiver or settlement under such
contracts is not subject to the consent of any person who is not a party
to the relevant contract.
Subject to the first paragraph of Section [12]: these conditions of sale
contain the entire agreement and understanding of the parties in
relation to the purchase of products from our website, and supersede all
previous agreements and understandings between the parties in relation
to the purchase of products from our website; and each party
acknowledges that no representations not expressly contained in these
conditions of sale have been made by or on behalf of the other party in
relation to the purchase of products from our website.
These conditions of sale will be governed by and construed in accordance
with English law, and the courts of England and Wales will have
non-exclusive jurisdiction to adjudicate any dispute arising under or in
relation to these conditions of sale.
(14) About us
Our full name is 3Phase Electrical Distributors
Our registered office is at;
406-408 Nuthall Road
Aspley
Nottingham
NG8 5DS
Our VAT number is 931 95 95 90
Our email address is sales@3phase-electrical.com
Website terms and Conditions
The website www.3phase-electrical.com is owned and operated by 3Phase Electrical Distributors, “we” and “us” and “our” (VAT Number 931 95 95
90) whose registered office is at:
406-408 Nuthall Road
Aspley
Nottingham
NG8 5DS
These are the Website terms and conditions (the “Website Conditions”),
which apply to the use of the Website by you, the end user. By using the
Website you agree to be bound by these Website Conditions. If you do
not agree to be bound by these Website Conditions, you may not use or
access the Website and we will have the right to restrict or prevent
your access to the Website. Please note that any purchases you make on
this Website will be governed by our separate TERMS AND CONDITIONS OF
SALE If there is anything that you do not understand please feel free to
email any enquiry to us here: sales@myelectricalspplies.com
THESE TERMS OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS. IT IS AGREED THAT:
1. Your obligations
i. You will not:
a. use the Website (or any part of it) for any illegal purpose and agree to use it in
accordance with all relevant laws;
b. upload or transmit through the Website (i) any computer viruses,
macro viruses, Trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer or (ii) any material which is defamatory, offensive, or of an
obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety;
c. use the Website in a manner which (i) may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired or (ii) violates or
infringes the rights of any person, firm or company (including, but not
limited to, rights of intellectual property, rights of confidentiality
or rights of privacy); and
d. create or publish a hypertext link to any part of the Website without
our express written consent except that you may create a hypertext to
the welcome page of the Website as long as the link does not portray us
or our affiliates, or their products or services in a false,
misleading, derogatory, or offensive matter. You may not use any of our
logos or proprietary marks as part of the link without our express
written consent. We may terminate your permission to maintain such links
at any time;
e. frame or use framing techniques to enclose any part of the Website or
any content accessible on it without our express written consent. You
will not use any meta tags or any other hidden text using our (or our
affiliates) names, logos, brands or marks without our express written
consent. Any unauthorised use terminates the permission or license
granted by us to use this Website in addition to our other rights; or
f. attempt any unauthorised access to any part or component of the Website.
ii. You agree that in the event that you have any right, claim or action
against any third party arising out of that third party's use of the
Website, then you will pursue such right, claim or action independently
of and without recourse to us. iii. You warrant that by accessing and
using the Website you will not be in breach of any laws or regulations
that apply to you.
2. Our rights
i. We may:
a. modify or withdraw, temporarily or permanently, the Website (or any
part of it) with or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification to or
withdrawal of the
Website; and/or
b. change these Website Conditions from time to time and your continued
use of the Website (or any part of it) following such change shall be
deemed to be your acceptance of such change. You should check back here
regularly as you will be bound by these Website Conditions every time
you visit the Website. If you do not agree to any change to the Website
Conditions then you must immediately stop using the Website; and/or
c. monitor any activity and content associated with the Website. We may
investigate any reported violation of these Website Conditions or
complaints relating to the Website and take any action that we believe
is appropriate (which may include, but is not limited to, issuing
warnings, suspending, terminating or attaching conditions to your access
and/or removing any materials from the Website). ii. The Website is
subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of the Website or because
of a failure, suspension or withdrawal of all or part of the Website for
any reason.
3. Privacy and personal information
Your privacy is very important to us and these Website Conditions must be read in conjunction with our
PRIVACY AND SECURITY POLICY
4. Disclaimer of warranties
i. Subject to Website Conditions 5.1 and 5.2 below, the Website is
provided, on an “as is” and “as and when available” basis without any
representation or endorsement and we make no warranties of any kind,
whether express or implied, in relation to the Website, its content or
any services offered on the Website. ii. In particular, we make no
warranties that the Website, its content or any services offered via the
Website will meet your requirements or will be uninterrupted, timely,
secure or error–free, that defects will be corrected, or that the
Website or the server which makes it available are free of viruses or
bugs or are fully functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content or material as a
result of uploading to or downloading from the Website. If a fault
occurs in the service you should report it to
admin@myelectricalspplies.com and we will attempt to correct the fault as
soon as we reasonably can.
5. Liability
i. Whilst we will use reasonable endeavours to verify the accuracy of
any information we place on the Website, we make no warranties or
representations, whether expressed or implied in relation to its
accuracy.
ii. Nothing in these Website Conditions shall exclude or limit our
liability for death or personal injury resulting from our negligence or
that of our servants, agents or employees or any liability for fraud or
for any other liability that cannot be excluded or limited by law. Nor
do these Website Conditions (or the warranty and liability exclusions in
them) apply to any purchases made via this Website. Instead, these
purchases are governed by our separate TERMS AND CONDITION OF SALE.
iii. You agree that you are free to choose whether to use the Website
or any services offered on the Website and do so at your sole option,
discretion and risk. iv. We will not be responsible to you or any third
party for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or
any indirect or consequential loss in connection with the Website. v.
Without limiting the foregoing, under no circumstances shall we be held
liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond our reasonable
control, including, without limitation, internet failures, computer
equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labour disputes,
riots, insurrections, civil disturbances, shortages of labour or
materials, fires, floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals,
non–performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
6. Intellectual property
i. Save as set out in Website Condition 6.4 below, you acknowledge and
agree that all copyright, trademarks and all other intellectual property
rights in all material or content contained within the Website shall
remain at all times owned by us or our licensors. You are permitted to
use this material only as expressly authorised by us. ii. You
acknowledge and agree that the material and content contained within the
Website is made available for your personal use only (which may include
use by contractors to obtain information on individual items for sale
via the website to determine whether the contractor wishes to purchase
such items from us) and that you may download such material and content
onto only one computer hard drive for such purpose. Any other use of the
material and content of the Website is strictly prohibited. You agree
not to (and agree not to assist or facilitate any third party to) copy,
reproduce, transmit, publish, display, distribute, commercially exploit
or create derivative works of such material and content. This includes,
but is not limited to, the text, graphics, animations, photographs,
pictures, sounds, data, images, audio and video clips connected to the
Website.iii. In particular, you may not download, edit, reproduce or use
any material and content contained within the Website for the purpose
of advertising, promoting, endorsing or implying any connection with you
or any third party. Nor may you systematically extract and/or
re–utilise parts of the contents of the website without our express
written consent. In particular, you may not utilise any data mining,
robots, or similar data gathering/extraction tools to extract (whether
once or many times) for re-utilisation, any substantial parts of this
website, without our express written consent. You also may not create
and/or publish your own database that features substantial parts of this
Website (including without limitation prices and product listings)
without our express written consent. iv. Any information you submit to
the Website, whether by way of comment, any chat room function or
otherwise, will not be treated confidentially and you acknowledge that
we may use such information for any purposes subject to these Website
Conditions. You give us an absolute right to reproduce (whether in whole
or in part, and whether cropped, adopted, altered or otherwise
manipulated) any photos or other images that you submit to the Website.
v. By submitting material to the Website, you warrant and represent that
you own such materials (including any copyright and other intellectual
property rights therein) or that you have permission from the owner and
that you have obtained the informed consent of any subjects of the
images and that any subjects featured in any such images are at least 18
years of age at the time such material was created. You hereby waive
any moral rights you may have in relation to such content.
7. Links to other websites
We may, from time to time, provide links to other websites or resources.
You acknowledge and agree that we are not responsible for the
availability of such other sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for the privacy
practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available
from such websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or
reliance on any such content, goods or services available on such
external sites or resources.
8. Waivers and remedies
i. No delay or omission in exercising any right, power or remedy
provided by these Website Conditions or by law shall operate to impair
or be construed as a waiver of it or of any other right, power or
remedy.ii. No single or partial exercise or non–exercise of any of these
rights, powers or remedies shall preclude any other or further exercise
of them or of any other right, power or remedy. iii. The rights, powers
and remedies provided by these Website Conditions are cumulative and
subject as otherwise provided in these Website Conditions are not
exclusive of any rights, powers and remedies provided by law.
9. Law and Jurisdiction
i. These Website Conditions shall be governed by and construed in accordance with English law.
ii. Each party irrevocably agrees to submit to the exclusive
jurisdiction of the courts of England in relation to any claim or matter
arising under or in connection with these Website Conditions.
10. General
i. If any part of these Website Conditions is found to be invalid by any
court or other regulatory or competent body, the invalidity will not
affect the rest of the Website Conditions, which shall remain in force.
ii. Any notices or communications that you send to us should be sent to
Customer Services at sales@3phase-electrical.com or in
writing marked for the attentions of Web Customer Services at our
registered office detailed above. Any notices or communications that we
send to you will be sent to the email address you registered with us.
iii. All provisions which must survive in order to give effect to their
meaning shall survive any expiration or termination of these Website
Conditions, including without limitation, all of your representations,
warranties and indemnification obligations. iv. No person who is not a
party to this agreement shall have any right to enforce this agreement
pursuant to the Contracts (Rights of Third Parties) Act 1999.