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Terms & Conditions
About Us
Stakesy’s Metalwork Machinery are a British company supplying and producing fabrication machinery to professional and home restorers to the UK and the rest of the world. Stakesy’s Metalwork Machinery is a trading name of Stakes Ltd, company number 6710900. Vat Number 981251027
Terms applicable
These Terms shall apply to all contracts for the sale of Products or the provision of Services to You by Us, to the exclusion of all other terms including any terms which You may purport to apply under any purchase order, confirmation of order or similar document or implied by a course of dealing, trade, custom or practice, unless otherwise agreed by Us in writing.
Unless otherwise agreed by Us in writing, these Terms, the Order and Our price list set out the whole agreement between You and Us for the sale of the Products and the Services. You must check that the details in the Order are complete and accurate. If You think that there is a mistake, You must seek confirmation of any changes in writing, as We only accept responsibility for statements and representations made in writing by Our authorized employees and agents.
By placing an order with Us, You confirm that you (the signatory) are over 18 years old, authorised to place an order and are legally capable of entering into binding contracts.
All Orders for Products or Services shall be deemed to be an offer by You to purchase Products or Services (as appropriate) pursuant to these Terms.
Any variation to these Terms shall be inapplicable unless agreed in writing by one of Our directors.
Any quotation given by Us shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
We reserve the right at our sole discretion to reject any order for Product(s) and shall notify You accordingly.
Back Orders
If the item you require is not in stock it will be displayed as such. We can back order the product for you and give you an idea of when it will be available. If the item is displayed as out of stock please call us for this information on when it will be available.
Cancellation and Order Amendments
You can cancel or amend any order placed with Stakesy’s provided that the order has not yet been posted or collected by our couriers.
Cancellation Period: by the Distance Selling Regulations, customers located in the European Union have the right to withdraw from the purchase of an item within 7 working days of the day after the date the item is delivered.
You must provide notice of cancellation by email or post and ring to check we have received it. Please post it to Stakesy’s Metalwork Machinery, Unit 12 Hayhill Industrial Estate, Loughborough,LE12 8LD, UK; or email it to info@stakesys.com no later than 8 working days after receipt of goods.
Cancellation restriction: This applies to all of our products except purchase of video, DVD and software products where the item has been unsealed.
Contact Us
If you have any query about your order such as despatch date or product information please telephone 01509 812171 or email info@stakesys.co.uk or write to us at Stakesy’s Metalwork Machinery, Unit 12 Hayhill Industrial Estate, Loughborough, LE12 8LD, United Kingdom.
Cookies
Cookies are small text files that web sites send to your computer, which enables the website to identify the user’s ID and tells the website that a valued customer has returned. Cookies are not computer programs, and can't read information from your hard drive, spread viruses, or find your email address etc. Cookies make your transactions quicker and easier. The European Union Directive on Privacy and Electronic Communications, dated 31st July 2002, states that cookies are a "legitimate and useful tool" for many activities, including checking the identity of web site users. The Directive makes it compulsory for web sites to inform users if cookies are being used (hence this section in our website!) and to advise users as to how cookies are used. A useful website if you are interested in learning more about cookies is: www.aboutcookies.org. Finally, the Directive obliges web sites to make users aware that they can reject cookies by changing the settings in their computer (visit www.aboutcookies.org for more info) However, if you decide to do this our website along with most other shopping websites will not work on your computer.
Currencies Accepted by Us
All our prices are displayed in GBP Great Britain Pound Sterling or Euros. We only accept payments in these currencies.
Credit Card Payments
All payments by card on the internet are carried out through SagePay and HSBC secure merchant banking services. We do not have access to you card details at any time. Card details taken over the telephone are entered directly into the Sagepay merchant services portal for the applicable transaction. We do not keep a record or store your card details. Security for credit cards is provided by Verified by Visa or Mastercard SecureCode. This is an authentication process for internet transactions that is similar to a PIN number used to authenticate a face to face cardholder. (AVS) Address Verification Service is additional security for mail order transactions that checks the numeric within the cardholders billing address which is held by the cardholder.
Delivery Schedule
We endeavour to despatch orders same or next day depending on time of order. Please see delivery info on menu
Goods
All the goods that we supply will remain our property until you have paid for them in full, including all delivery charges. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full. The information and advice contained in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation. In particular, please read all manuals and safety instructions provided with our goods, and follow them carefully at all times.
Acceptance of the Products
You are responsible for checking the Products and endorsing any relevant documentation at the point of delivery to confirm inspection and acceptance (whether that is when the Products are made available to you or your appointed carrier for your collection, or on delivery to your nominated premises if delivery is made by the Carrier) and must raise any issues immediately with Us, and in any event no later than 5 days after such delivery (after which you shall be deemed to have accepted the Products),
After acceptance You shall not be entitled to reject Products which are not in accordance with the contract and We shall have no liability whatever to You in respect of those Products.
Legal Information
Nothing in these conditions will limit our liability in cases of fraudulent misrepresentation, negligence causing personal injury or death or defective products causing personal injury, death or damage to non-business property. We will not be liable for any delay in delivering the goods which is due to events or circumstances beyond our reasonable control or for any business losses. If we fail to enforce any of these conditions, that does not mean that we have waived any of our rights and we retain the right to enforce any of these conditions at any time. Nothing in these conditions affects your statutory rights as a consumer. You may obtain information about your statutory rights from your local Trading Standards Department or Citizens Advice Bureau. English law shall apply to these conditions.
Making A Purchase
Making a purchase is easy, just browse our shop, and click the 'Buy' button next to any items that you wish to purchase which will add them to your shopping basket. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to satisfy your order. We accept Visa, AMEX, Mastercard, Switch, Delta and Eurocard.
Prices and Descriptions
Prices and descriptions are subject to change at any time.
Privacy Policy
Stakesy’s Metalwork Machinery subscribes to the Data Protection Act 1998. Your information will be used solely for the purposes of transactions through this website and not passed to third parties. We only use your information as follows:
- To deal with orders and accounts.
- For Stakesy’s Metalwork Machinery business planning and forecasting by researching what you buy.
- Advising you of special offers and new products by email if you have subscribed to this service.
- Checking your details with credit reference agencies.
We will store your information for our use only. If you wish to see a copy of this information please write to the Data Officer at Stakesy’s Metalwork Machinery, Unit 12 Hayhill Industrial Estate, Loughborough, LE12 8LD. At the checkout stage you will have the option to click the “remember me” box. This will allow us to remember your address details (not credit card) for your next purchases for faster subsequent orders. All payments by card on the internet are carried out through SagePay & HSBC secure merchant banking services. We do not have access to you card details at any time. Card details taken over the telephone are entered directly into the SagePay merchant services portal for the applicable transaction. We do not keep a record or store your card details.
Return Policy
1/ Items returned under the 7 working day cancellation period
If for any reason you are unhappy with your purchase, you can return it to us unopened in its original condition within 7 working days of the date you received the item (a working day is any day other than weekends and public holidays), unopened (with any seals and shrink-wrap intact) and we will refund the cost of the item and the cost of sending the item to you as follows:
-where you are returning an item that was part of a larger order, we'll refund the per-item charge for delivery that you incurred
-where you are returning an entire order, we'll refund all delivery charges that you incurred
-we will not refund postage charges for items delivered outside the UK
A working day is any day other than weekends and public holidays.
2/ Items returned under 14-day returns guarantee
Where you are withdrawing from your purchase between 7 and 14 days after delivery, and there has been no error on our part, we will refund only the cost of the item minus 10% handling charge. We will not refund the cost of delivery or other services provided to you in connection with your purchase. Goods will only be refunded if they are in original re-saleable condition in original boxes with a wrapping, polystrene etc as original.
Refund will be paid within thirty days of cancellation. Please post goods to be returned or exchanged to Stakesy’s Metalwork Machinery, Unit 12 Hayhill Industrial Estate, Loughborough, LE12 8LD. Pack well and return to us with a note of your requirements and original invoice number. Exceptions are heavy items over 60kg delivered by special palletised courier services where we have incurred exceptional charges. In these cases the items can be returned at the senders expense and we will only refund the cost of the item. Returns policy only applies to UK buyers. For overseas buyers including Republic of Ireland the item may be returned within 14 days at the buyers expense and only the cost of the item will be refunded.
Risk and Ownership
Ownership of the Products passes to You on payment in full cleared funds of all outstanding monies including VAT, along with any delivery charges (where appropriate). If You choose an alternative method of delivery for the Products (other than AL), then We are not responsible for facilitating that delivery, save for making the Products available at the door of Our warehouse facility. Risk in the Products passes at the point at which We make the Products available for collection by your Carrier.
Until such time as ownership in the Products passes to You, You shall hold the Products as Our fiduciary agent and bailee, and shall keep the Products separate from Your own and third parties and properly stored, protected and insured and identified as Our property, but You may resell or use the Products in the ordinary course of Your business.
Until such time as the ownership in the Products passes to You (and provided the Products are still in existence and have not been resold), We may at any time require You to deliver up the Products to Us and, if You fail to do so forthwith, enter on any premises of You or any third party where the Products are stored and repossess the Products.
You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain Our property, but if You does so all moneys owing by You to Us shall (without limiting any other right or remedy of Us) forthwith become due and payable.
Under the terms of article 9 paragraph 2 of The Waste Electrical Electronic and Equipment Regulations 2013 by purchasing this equipment for non-domestic use you are accepting the responsibility for end of life treatment of the same.
Stakesy’s Guarantee: 14 Day Money Back Guarantee
If you are not totally satisfied with any item, we will replace or refund the price minus 10% handling charges providing the item is returned to us unused and in good condition within 14 days. We will repair, replace or give a full refund on any item which does not give reasonable service due to defective materials or workmanship (see warranties below for details). All items are described and illustrated to the best of our knowledge at the time of going to press. Some colours may vary from those shown on the website.
Tax Charges
All items show net and with vat prices at the the current UK vat rate. Our vat number is 981251027 and a commercial vat receipt will be provided with each order.
The Products
Other than as expressly stated in the manufacturers' current brochures or catalogues supplied by Us, relating to the Products, We do not make any representations as to the fitness or suitability of the Products for any purpose whatsoever.
No warranty is given or implied that the Products will conform in absolute detail to the descriptions given.
We may amend Specifications and withdraw Products from sale without prior notice.
The information and advice contained in our or the manufacturers sales documentation whether displayed in our Website or our Catalogue or elsewhere including any technical data, dimensions, weights, samples drawings descriptions or advertising Issue and any descriptions or illustrations are for general guidance purposes only and do not form part of the contract. You are responsible for determining whether the Product(s) or Services are suitable for Your own particular situation. In particular, You are responsible for ensuring that Your agents or employees who use the Products or receive the Services have read all manuals and safety instructions provided with the Products, and follow them carefully at all times.
We shall use reasonable endeavours to provide the Services, and to make the Products available to You, in accordance with Specification or Order Confirmation in all material respects. We will use reasonable endeavours to meet any performance dates specified in the Specification or Order Confirmation, but any such dates shall be estimates only and time for performance by Us shall not be of the essence of this agreement.
The Price and Payment
The price We charge for a Product shall be Our current price for the Product as published on the date of dispatch of the relevant Products ("Price") and We shall invoice You accordingly. Payment shall be made by You in sterling or Euros. Time for Payment is of the essence.
Our Prices may be altered at any time without notice to You by publication of the altered Prices on the Website and/or in the Catalogue.
All Prices are shown with and without VAT which shall be levied at the relevant prevailing rate on the date of Our Invoice.
The Price is exclusive of the costs and charges of packaging, insurance and transport of the Products by a Carrier of your choice, which shall be invoiced to You separately where applicable.
All delivery prices quoted by Stakesy’s in their catalogue and on their web site are for delivery by Stakesy’s and Stakesy’s will act as their agent. Our invoices will include an element for carriage charges and this will be remitted to AL. The Goods will be made available for Stakesy’s to collect and deliver to you
All Orders for Products with a net value of less than £75 plus VAT and over 30kg will incur a handling charge at the rate set on the website.
We will require payment of the Price for the Products and their delivery, where appropriate, in full before dispatch (or Services before they are provided) unless previously agreed in writing with You. If You have an account with Us, payment shall be due by the end of the month following the date of the invoice. Payment will not be deemed complete until We are in receipt of cleared funds.
All queries on invoices must be notified to Us within 10 working days of the date of the invoice.
Without prejudice to any other rights We may have against You, overdue invoices for Products, Services and delivery may be passed by Us to a third party debt collection agency, and interest shall be charged on sums overdue at a rate of 6% above the published rate of HSBC Bank plc which shall accrue on a daily basis from the due date until date of actual payment of the overdue amount, whether before or after payment. You are liable for the interest together with the overdue amount. Any interest due on delivery charges will be to the benefit of Stakesy’s and remitted to them in due course
If payment for the Products, Services and delivery is not received in full, We may suspend or cancel any outstanding orders, until You have paid the outstanding amounts, without limiting any of the remedies that We may have.
Trade Marks and Copyright
In the event that You are authorised to re-sell the Products to third parties, We hereby grant You a non-exclusive licence to use the Trade Marks solely for the purpose of re-selling the Products and You agree to sell the Products only under those Trade Marks.
You shall not without Our prior written consent, alter or make any addition to the labeling or packaging of the Products displaying the Trade Marks, and shall not alter or deface in any manner or remove any reference to the Trade Marks, any reference to Us or the original manufacturer or any other name attached or affixed to the Products or their packaging or labeling.
You agree not to use any name or mark similar to or capable of being confused with any of the Trade Marks or any trade marks of which We are a proprietor.
Copyright of all images and text relating to the Products remains vested in Us or Our suppliers. You will not use any of this copyrighted material without Our express written permission on a case by case basis. Any permission so granted will cease on one months notice or any time notified in the written permission.
Warranties
All Stakesy’s own brand products carry a 1 year parts and labour warranty against defective materials or workmanship. This does not include wearable parts such as saw blades, abrasive discs, guillotine blades or any part deemed by us to be a wearable part of the machine that would naturally wear or break through normal use. If the machine is damaged due to transport or a fall whilst in your ownership the warranty is void. In the case of a genuine manufacturing fault we will either supply you with the replacement part of the machine or replace the machine itself. This will be decided by us at the time. All other brands are subject to the particular manufacturer’s warranties.
Subject as expressly provided in these Terms, all warranties, conditions or terms implied by statute or common law or otherwise are excluded.
Except in respect of death or personal injury caused by Our negligence, or liability for defective products under the Consumer Protection Act 1987, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the Our negligence, Our employees or agents or otherwise) which arise out of or in connection with the supply of the Products or Services (including any delay in supplying or any failure to supply the Products or Services in accordance with these Terms or at all) or their use or resale by You and the entire liability of Us under or in connection with these Terms shall not exceed the Price of the Products.
To the extent that the Products are to be manufactured in accordance with a product specification that you have supplied, You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us in connection with any claim made against Us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with Our use of the product specification. This clause shall survive termination of this contract. Please contact us if you have questions about a particular manufacturer and their warranty policy.
Every effort is made to ensure that our prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturer's prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price.
Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the "Customer" or "you"). We are Stakes Ltd t/a Stakesys Metalwork Machinery a company registered in England and Wales under number 06710900 whose registered office and whose trading address is Unit 12 Hayhill Industrial Estate, Barrow upon Soar, Loughborough, LE12 8LD with email address sales@stakesys.co.uk; (the "Supplier" or "us" or "we").
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter a contract and are at least 18 years old.
Interpretation
1. Consumer means an individual acting for purposes which are wholly or mainly outside their
trade, business, craft or profession.
2. Contract means the legally binding agreement between you and us for the supply of the Goods;
3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order.
4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
6. Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.
7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
8. Website means our website www.myvegetablegarden.co.uk on which the Goods are advertised.
Goods
1. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
2. Custom Orders: If goods are made to special requirements, it's your responsibility to ensure the accuracy of the information you provide. All Goods which appear on the Website are subject to availability.
3. The company may modify goods to meet legal or safety requirements and will notify you of any changes..
Personal Information
1. We retain and use all information strictly under the Privacy Policy.
2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 10 days from its date, unless we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. This section clarifies that the Terms and Conditions are designed for consumers. If you're entering into a contract as a business, you should inform the company so they can offer you a different contract tailored to business needs, which may provide different rights or benefits. If you have any questions about this or need assistance, feel free to ask.
Price and Payment
1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
2. Prices and charges include VAT at the rate applicable at the time of the Order.
3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
3. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
4. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
5. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
6. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
7. This section explains that if the goods are part of a commercial unit (where dividing the unit would significantly affect its value or character), you cannot cancel or reject just a portion of those goods. If you want to cancel or reject some items, you must do so for the entire order of that commercial unit.
8. We also deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If we accept an Order for delivery outside that area, you will need to pay import duties or other taxes, as we will not pay them.
9. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
10. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
11. This clause states that the responsibility for the Goods transfers to you once they are delivered or collected. It also emphasizes that you should examine the goods, if possible, before accepting them to ensure they meet your expectations.
Risk and Title
1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
3. goods that are made to your specifications or are clearly personalised.
4. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
5. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
6. in the case of any sales contract, if the goods become mixed inseparably (according to their
nature) with other items after delivery.
Right to Cancel
1. Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
2. The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e.. subscriptions), the right to cancel will be 30 days after the first delivery.
3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). Please put in writing to sales@stakesys.co.uk. In any event, you must be able to show clear evidence of when the cancellation was made.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
RETURN POLICY & PROCESS
See our full returns policy here
Conformity
1. This section indicates that We, the company, has a legal obligation to supply goods that conform to the contract. If the goods do not meet this obligation, they are not considered to have been delivered in accordance with the contract.
2. Upon delivery, the Goods will:
3. be of satisfactory quality.
4. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
5. conform to their description.
6. It is not a failure to conform if the failure has its origin in your materials.
Successors and Our Sub-Contractors
1. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of
any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
1. In the event of any failure by a party because of something beyond its reasonable control:
2. the party will advise the other party as soon as reasonably practicable; and
3. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Privacy
1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
3. For the purposes of these Terms and Conditions:
4. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
5. 'GDPR' means the UK General Data Protection Regulation.
6. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the
GDPR.
7. We are a Data Controller of the Personal Data we Process in providing Goods to you.
8. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
9. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
10. we will only Process Personal Data for the purposes identified.
11. we will respect your rights in relation to your Personal Data; and
12. we will implement technical and organisational measures to ensure your Personal Data is secure.
13. For any enquiries or complaints regarding data privacy, you can email: sales@stakesys.co.uk.
Excluding Liability
1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Warranties
1. All Stakesy’s own brand products carry a 1 year parts and labour warranty against defective materials or workmanship. This does not include wearable parts such as saw blades, abrasive discs, guillotine blades or any part deemed by us to be a wearable part of the machine that would naturally wear or break through normal use. If the machine is damaged due to transport or a fall whilst in your ownership the warranty is void. In the case of a genuine manufacturing fault, we will either supply you with the replacement part of the machine or replace the machine itself. This will be decided by us at the time. All other brands are subject to the manufacturer’s warranties.
2. Subject as expressly provided in these Terms, all warranties, conditions or terms implied by statute or common law or otherwise are excluded.
3. Except in respect of death or personal injury caused by Our negligence, or liability for defective products under the Consumer Protection Act 1987, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the Our negligence, Our employees or agents or otherwise) which arise out of or in connection with the supply of the Products or Services (including any delay in supplying or any failure to supply the Products or Services in accordance with these Terms or at all) or their use or resale by You and the entire liability of Us under or in connection with these Terms shall not exceed the Price of the Products.
4. To the extent that the Products are to be manufactured in accordance with a product specification that you have supplied, You shall indemnify Us against all liabilities, costs,= expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us in connection with any claim made against Us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with Our use of the product specification. This clause shall survive termination of this contract. Please contact us if you have questions about a particular manufacturer and their warranty policy.
5. Every effort is made to ensure that our prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturer's prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price.
Trademarks and Copyright
1. In the event that You are authorised to re-sell the Products to third parties, We hereby grant You a non-exclusive licence to use the Trade Marks solely for the purpose of re-selling the Products and You agree to sell the Products only under those Trade Marks.
2. You shall not without Our prior written consent, alter or make any addition to the labeling or packaging of the Products displaying the Trademarks, and shall not alter or deface in any manner or remove any reference to the Trade Marks, any reference to Us or the original manufacturer or any other name attached or affixed to the Products or their packaging or labelling.
3. You agree not to use any name or mark similar to or capable of being confused with any of the Trademarks or any trademarks of which We are a proprietor.
4. Copyright of all images and text relating to the Products remains vested in Us or Our suppliers. You will not use any of this copyrighted material without Our express written permission on a case-by-case basis. Any permission so granted will cease on one months’ notice or any time notified in the written permission.
The Products
1. Other than as expressly stated in the manufacturers' current brochures or catalogues supplied by Us, relating to the Products, We do not make any representations as to the fitness or suitability of the Products for any purpose whatsoever.
2. No warranty is given or implied that the Products will conform in absolute detail to the descriptions given.
3. We may amend Specifications and withdraw Products from sale without prior notice.
4. The information and advice contained in our or the manufacturers sales documentation whether displayed in our Website or our Catalogue or elsewhere including any technical data, dimensions, weights, samples drawings descriptions or advertising Issue and any descriptions or illustrations are for general guidance purposes only and do not form part of the contract. You are responsible for determining whether the Product(s) or Services are suitable for Your own particular situation. In particular, You are responsible for ensuring that Your agents or employees who use the Products or receive the Services have read all manuals and safety instructions provided with the Products, and follow them carefully at all times.
5. We shall use reasonable endeavours to provide the Services, and to make the Products available to You, in accordance with Specification or Order Confirmation in all material respects. We will use reasonable endeavours to meet any performance dates specified in the Specification or Order Confirmation, but any such dates shall be estimates only and time for performance by Us shall not be of the essence of this agreement.
Legal Information
1. Nothing in these conditions will limit our liability in cases of fraudulent misrepresentation, negligence causing personal injury or death or defective products causing personal injury, death or damage to non-business property. We will not be liable for any delay in delivering the goods which is due to events or circumstances beyond our reasonable control or for any business losses. If we fail to enforce any of these conditions, that does not mean that we have waived any of our rights and we retain the right to enforce any of these conditions at any time. Nothing in these conditions affects your statutory rights as a consumer. You may obtain information about your statutory rights from your local Trading Standards Department or Citizens Advice Bureau. English law shall apply to these conditions.