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terms and conditions

 

Terms & Conditions of Sale

 

GENERAL

Activ Business Solutions Ltd is pleased to accept orders for products and services subject to the Terms and Conditions of Sale as stated below. Each order shall include one offer and one acceptance to form a single, valid contract incorporating the Terms and Conditions. Unless expressly agreed in writing (for example in the case of a tender), any alterations to these conditions will not apply. In these terms “you” and “your” as appropriate refer to the Buyer and “us”, “our” and “we” refers to the Seller, Activ Business Solutions Ltd, “Days” refers to working days, being Monday to Friday inclusive excluding bank holidays, unless otherwise stated.

 

QUOTATIONS

Our quotations remain valid for 7 days from the date of their issue, based on stock availability at the time of ordering. Quotations are issued for the sole use of the addressee and we reserve the right to withdraw a quotation, which has been passed by you to a third party.

 

Terms and conditions of supply

Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.


Our Company

Activ Business Solutions Limited controls and operates this site from its offices within the United Kingdom. The registered address of the Company is:

Activ Business Solutions Limited
2 Wielden Lane

Winchmore Hill

Amersham

Buckinghamshire

HP7 0NF

 

Our Trading Address is:

Activ Business Solutions Limited

Unit 5 Wheelers Yard
87 High Street
Great Missenden
Buckinghamshire
HP16 0AL


Company number – 108 270 33
VAT registration number – 271 2800 26


Service

Our site is only intended for use by people resident in England, Scotland, Northern Ireland and Wales (Serviced Countries). We do not accept or process orders for delivery from individuals outside those countries.


Your status

By placing an order through our site, you warrant that:

a.You are legally capable of entering into binding contracts.
b.You are at least 18 years old;
c.You are resident in one of the Serviced Countries; and
d.You are accessing our site from within that country.


The Contract / Our Contract / Contract information

We operate only on these terms of business,  which (if you place an order with us) you agree to the exclusion of any other terms whatsoever and of any understanding or representation save as expressly stated in these terms or on our website.

You will have an opportunity to check and correct any input errors in your order up until you submit your order. The order is submitted by completing all the information fields on the payment details page and clicking on the “next step review order” button

During the order process you will be able to validate and amend any input errors in your order up until it is submitted to us.

This site offers an invitation to you to do business with us. Any order submitted by you is your offer to enter into a contract with Activ Business Solutions Limited. Upon receipt of your order we will send you an e-mail confirming your order, with details of the products you have ordered and a total costing. We will accept your order, and become contractually bound to you, only:

  1. if you have a credit account with us, then when we pick product for delivery or
  2. if you do not have a credit account, then on payment in full by you. 

Our acceptance of your order will be subject to these terms and conditions (and no other terms), and subject to availability of the items ordered.

We reserve the right to cancel all or part of any order, for any reason. Should this happen we would try to contact you to make sure you are aware. We reserve the right to refuse orders we deem to be of large quantity or placed by resellers.

We will not dispatch any order until we have full payment inclusive of VAT, for all products on the order (excluding customers with a business account). Title or ownership of the goods will not pass to you until we have received full payment and the goods are fully delivered. All liability up until this point rest with the purchaser.

When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks, particularly for company purchases. In particular we may pass your details to a credit reference agency for them to check against certain public and private databases. The credit reference agency may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.

If your payment details cannot be authorised for any reason we will advise you.


Consumer rights

a. If you are contracting as a consumer, you may cancel a Contract at any time within the 14 day cooling-off period, in line with The Consumer Rights Act 2015, from the date of the order. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).

b. To cancel a Contract, you must inform us in writing (email or post) or by telephone (see Contact Us page). You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.


Availablilty and delivery

Your order will be fulfilled within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances.

Delivery is free for orders over £40.00 (ex VAT).           
A charge of £6.95 will be made on orders under £40.00 (ex VAT).           

Subject to stock availability, orders placed before 5pm will be delivered next working day. Orders placed on Friday evenings, Saturdays and Sundays will be delivered on Tuesday.           

Our couriers will deliver orders between 9am and 6pm Monday to Friday (excluding bank holidays).  We deliver to all of mainland UK postcodes, the Scottish Islands, Isle of Man, Isles of Scilly and Northern Ireland.
Please note -  we do not deliver to the Channel Islands or PO Box addresses.

A signature is required for all deliveries so please ensure someone is available. Please also check the number of parcels signed for matches the number in the delivery as disputes cannot be entered into at a later date.             

Where applicable/ please include your relevant floor number on the delivery address.          

Covid-19 Update – In light of the social distancing measures placed upon the UK, in most delivery cases we will deliver the product to the door, step away from the delivery and take a picture of the box at the door to confirm receipt so POD/signatures will not be used during this period.

Office Furniture -  We use a specialist furniture logistics company who aim to deliver within 24 hours, however in some cases this may be 48 hours. If you have any specific requests please contact us to discuss your requirements before placing your order.

Delivery of furniture items is to kerbside only. If you require an alternative delivery option please call prior to ordering as we reserve the right to charge a restocking fee for failed furniture deliveries.           

Safes - Delivery of safes is free to the ground floor and assumes there are no access problems (e.g. steps, door size, etc). You may be required to answer some basic access questions when you purchase a safe as there may be an additional charge for any other delivery conditions.


Retention of Title

Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the us until we have received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by us to you under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the us and you.


Price and payment

Currency and VAT

The prices advertised on our site are in Pounds Sterling and exclude VAT and delivery charges, where applicable. VAT will be charged at the rate prevailing on the date of despatch of the goods.

RRP Definition

“RRP” – any “RRP” listed on this Site represents the manufacturer’s suggested selling prices and may not be indicative of the prevailing selling prices at any specific time and place in your locality.

Price Changes

We reserve the right to amend any prices without prior notice to do so, due to the ever-changing nature of the office supplies market. We will however strive to offer the most competitive prices wherever possible to do so.

Product Substitutions

Prices, products and special offers are subject to availability. They may change before we accept your order, but not after. We reserve the right to offer what in our opinion is a suitable alternative product at a comparable cost. Where possible we will contact you to alert you to this.

Seasonal and Promotional Pricing

Any pricing relating to seasonal or promotional products is only valid for the length of the promotion. We shall not honour any pricing after said promotion has finished.

Incorrect Pricing

As our site contains a large number of products it is possible that some may be incorrectly priced. If any product has been incorrectly priced on the site, we reserve the right to take the below courses of action.

1. If the items correct price is lower than the quoted price we will charge you the correct price and deliver the goods to you.
2. If the items price is higher than the listed price we reserve the right to cancel and or amend any such orders before or after order has been confirmed and or charged to your credit card or account. We are under no obligation to provide the item/s to you at the incorrect (lower) price even after we have provided you with an order confirmation or dispatch note.

In some cases, we may choose to honour the incorrect or lower price in order to minimise inconvenience to you. This is totally at our discretion.

In any of the above situations we will endeavour to contact you to keep you informed at all times.

Volume Pricing

We will offer volume discounts on certain products, this will be clearly detailed on the product page. We reserve the right to remove and or review these at any time.

If you have a volume requirement for any item please feel free to contact us for improved pricing where possible.

Contract Pricing

We reserve the right as per the above conditions to amend or cancel any contract pricing at any time, unless otherwise agreed in writing. This again is due to the ever-changing nature of the office supplies market.

 


Our returns and refunds policy

Returns and Cancellations

In all circumstances please take time to read the below returns information before submitting your return to us. Please then e-mail hello@activ-business.co.uk with all your contact details and account number along with the reason for returning the goods. The request will then be actioned within 48 hours. Please note that items returned that are not faulty or damaged must be raised within 10 days of delivery, any non-required returns raised after this time cannot be accepted.

Return Due to Faulty Goods

If there is a fault with your non-consumable product we must be notified within 6 months of delivery, and if the item is consumable, this must be reported within 3 months. We would at our own discretion offer either a repair/exchange or a refund.

For the product to qualify for a refund or return it must be returned complete with any accessories and or free gifts offered with it. We will not cover any faults due to neglect, misuse, normal wear and tear or damage caused as a result of an accident.

To clarify, consumable items covers all ink, toners, ribbons, camera films, and non-rechargeable batteries.

Any refund where there is a fault or defect will include the delivery charge where applicable.

NOTE: We reserve the right to ask for photographic evidence of any faulty or damaged goods. When this has been provided, the return will be actioned. We need to ask for this because if the goods are damaged and we return them, the supplier will not credit us. Photographs should be sent to hello@activ-business.co.uk

If a faulty or damaged good is returned, which is then proven to be not required, this will attract a £8.50 charge per item returned.

Where a customer decides to keep the goods after asking for a return (referred to as nothing to collect by the driver) a charge of £8.50 will be levied. This also applies to other return scenarios.

Return Due to Damaged Goods

The same conditions apply as stated in the “returns due to faulty goods” section above with the exception that you must notify us within 2 working days of receipt of delivery that the goods are damaged.

If we are notified later than this it will restrict our ability to offer a full refund or return.

Returns Due to Incorrect Item/s Received (Picking Errors)

In the unlikely event that the goods delivered do not match your original order please notify us within 2 working days of receipt of delivery. Failure to do this may restrict our ability to offer a full refund or return.  This may include missing items.

Upon notification within the 2-working day period we will arrange for free collection of the incorrectly delivered goods and then re-deliver the correct goods as soon as possible. The collection is however at our discretion.

Returns Due to Incorrect Product Selection (Non-Required Returns)

For the product to qualify for a refund or return it must be in an “as new” condition with original box and packaging complete with any accessories and or free gifts offered with it.

All returns due to incorrect product selection must be raised within 2 working days of delivery.

Any refund for the above within the time limit, could be subject to re-stocking charges, which are either to the value of 20% of the total purchase price excluding VAT and delivery charge or will attract a standard charge should a return fall below our supplier’s minimum return value of £38.50, this return charge is therefore £8.50. This covers the cost of collection.

The only exception to this will be if you are serviced by our own vehicles. Returns made within 10 days of purchase date will be entitled to a credit of the full value of the item/s returned. Returns made after this time limit will incur a 20% re-stocking fee. Activ Business Solutions Limited also reserve the right to charge a fee if items are received back that do not satisfy the requirement of “as new” condition as stipulated in this section. The fee will vary based on the condition of the item returned and Activ Business Solutions Limited reserve the right to deduct this from any due credit.

Exclusions

Notable exclusions to our returns policy are – furniture, office machines, special orders, black codes in the paper catalogue, some electrical items, food and beverages.

If you are unsure if an item is returnable please contact us before placing the order. All special  orders will have these terms stipulated at point of ordering. Please note that by your order confirmation you accept these terms in full.

Diaries and planners – not required return requests to be raised before the 10th December of the year previous to the year to which such dated products relate. Returns cannot be made after this date.

In the case of computer consumable products, not required returns will only be accepted within 10 days if the outer seal has not been tampered with in any way.  If the client returns such product (s) as faulty, it will only be granted a credit note if the manufacturer of such product (s) accepts that the product has not been misused, overloaded, incorrectly installed or incorrectly stored. In certain circumstances the client must complete a faulty product evaluation form.

Refunds

Any refund will be made using the same method as the original payment. The refund will take place after the goods have been inspected and found to be in re-saleable condition.

If the refund is due to the goods being of unsatisfactory condition we would normally aim to process the refund with 48 hours.

 


Our liability

a) We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

b) Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.

c) This does not include or limit in any way our liability:

(i) For death or personal injury caused by our negligence;
(ii) Under section 2(3) of the Consumer Protection Act 1987;
(iii) For fraud or fraudulent misrepresentation; or
(iv) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

d) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(i) loss of income or revenue
(ii) loss of business
(iii) loss of profits or contracts
(iv) loss of anticipated savings
(v) loss of data, or
(vi) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause d) shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause a) or clause b) or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause.


Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


Notices

All notices given by you to us must be given to us Activ Business Solutions at Unit 5 Wheelers Yard, 87 High Street, Great Missenden, Buckinghamshire, HP16 0AL or email hello@activ-business.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


Events outside our control

a.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

b.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

b(i) strikes, lock-outs or other industrial action

b(ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war

b(iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

b(iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

b(v) impossibility of the use of public or private telecommunications networks and

b(vi)the acts, decrees, legislation, regulations or restrictions of any government.

c.Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


Waiver

If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices above.


Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


Entire agreement

a.These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

b.We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

c.Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

d.Nothing in this clause shall limit or exclude any liability for fraud.


Our right to vary these terms and conditions

a.We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements and changes in our system's capabilities.

b.You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).


Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

Date of Issue of this Statement:    24 April 2020