Terms & Conditions for the Sale of Goods

You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must tick the box confirming you have read, understand and accept these terms and conditions.

 

Please note that you may only purchase Products from this site if you are over 18 and resident in England or Wales.

 

Should you have any queries regarding these Terms and Conditions or making a purchase via Means of Escape please email info@means-of-escape.com.

 

1. Definitions and interpretation

In this Agreement "we" means 'Means of Escape Publications Ltd' (and "us" and "our" shall be construed accordingly); and "you" means the relevant customer or potential customer as the case may be (and "your" shall be construed accordingly).

 

In this Agreement, the following definitions shall apply:

 

"Agreement" means this agreement incorporating any terms set out in our Second Acknowledgement;

 

"First Acknowledgement" means the initial automatic email acknowledgment which we will send to you after receiving your Order;

 

"Order" means your order for Products made via the Site;

 

"Products" means goods which may be purchased by you from the Site;

 

"Second Acknowledgement" means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and

 

"Site" means the website at www.means-of-escape.com or any successor site operated by us from time to time.

 

2. This Agreement

The advertising of Products on the Site constitutes an "invitation to treat"; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.

 

In order to enter into this Agreement with us, you will need to take the following steps: Select your item/s on our order form by selecting the quantity required, complete contact and delivery details and click send. Once sent a confirmation screen will display to confirm receipt of the order. When we receive your order we will provide confirmation via email that the order has been accepted. Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by checking the details entered into the order form prior to clicking send. You may correct those input errors before placing your Order by amending details on your order form. Should we require further information to process your order we will contact you via the details provided, otherwise we will process the order as received and dispatch to the address provided.

 

Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site 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 this Agreement for your records.

 

The only language in which we offer this Agreement is English.

 

3. About us

Our full name is Means of Escape Publications Ltd. Our registered office is Clements House, 1279 London Road, Leigh on Sea, Essex SS9 2AD principal trading address is Wins House, Bentalls, Pipps Hill Industrial Estate, Basildon, Essex SS14 3BS. Our company registration number is 4336460. Our email address is info@means-of-escape.com.

 

Our VAT number is GB 795699147.

 

4. The Products

Means of Escape make available a variety of products relevant to fire, health and safety. Each product should be clearly described on our products page however should you require additional information simply email info@means-of-escape.com. All samples, descriptive matter, specifications, advertising and any illustrations are published to give an approximate idea of the products and do not form part of this contract.

 

Means of Escape offer products developed and manufactured by ourselves such as guidance documents. Other products available via our site include products relevant to our industry from 3rd party organisations.

 

We cannot accept responsibility for products provided by 3rd party organisations however should you find any goods unsatisfactory please inform us; if a 3rd party product is found unsatisfactory Means of Escape will act on your behalf with the supplier to resolve any issues.

 

5. Price and payment

The prices on the Site exclude any value added or sales taxes (where applicable). Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures and any discrepancy will be notified to you.

 

In addition to the price of the Products, you will have to pay a delivery charge, which will include postage and packaging. Individual product P&P charges will be displayed on the order form, however for large quantities of products please contact us for P&P charges.

 

Payments of the price for the goods is due in full in pounds sterling at the time of delivery of the goods. Time of payment shall be of the essence.

 

Payment must be made by cheque or bank transfer, we do not currently accept online payment. If you do not pay any sum due within 30 days of the invoice date you will be liable to pay interest at the annual rate of 4% above the bank lending rate, from time to time of Natwest bank. Interest will accrue on a daily basis until payment is made.

 

Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.

 

6. Delivery

We will arrange for the Products to be delivered to the address for delivery specified by you in your Order. Should you require delivery to an alternative address please state this in the Organisations Description field including any special requirements.

 

We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our confirmation screen or, if no date is set out in our confirmation screen, within 5 working days of the date of order. However, any date for delivery is intended to be an estimate and time for delivery shall not be made of the essence. We will only deliver Products within England and Wales unless otherwise agreed.

 

The quantity of any goods as recorded by Means of Escape upon dispatch shall be conclusive evidence of the quantity received by the customer on delivery unless the customer can provide conclusive evidence proving the contrary. Means of Escape shall not be liable for any non-delivery of goods unless written notification is given to Means of Escape within 2 working days of the date when the goods would in ordinary course of events have been received. Any liability of Means of Escape for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract rate.

 

7. Risk and title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).

 

8. Refunds

If you cancel this Agreement 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 notice of cancellation.

 

9. Consumer Rights

You may cancel this Agreement within 7 working days after the day you received the Products (subject to the limitations set out below).

 

You will not have any such right insofar as this Agreement 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; or (iii) the supply of newspapers, periodicals or magazines.

 

If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full. However, you will be responsible for paying the cost of postage and packing.

 

If you cancel this Agreement on this basis and you do not return to 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.

 

You may cancel this Agreement if the Products supplied are defective. Products returned by you because of a defect will be replaced within 7 working days of receipt of the returned item.

 

10. Warranties

We warrant to you that any Product you purchase through the Site will be of satisfactory quality.

 

You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the England or Wales; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.

 

Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.

 

11. Limitations of liability

Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or 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 to limit or exclude, or attempt to limit or exclude, liability.

 

Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the contract price of the Product (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

 

12. 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 Policy; use of our website will be subject to our Website Terms and Conditions.

 

This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.

 

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

 

No waiver of any term, provision, or condition of this Agreement, 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 term, provision or condition or any other term, provision or condition of this Agreement.

 

You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing such action does not serve to reduce the guarantees benefiting you under this Agreement.

 

This Agreement 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 this Agreement is not subject to the consent of any person who is not a party to this Agreement. Notices shall be given in writing by post to the postal address or email address supplied. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

 

This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.

 

These terms are based on a template created and distributed www.website-law.co.uk.

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