PCE Instruments UK Ltd.
South Point Business Park, Ensign Way Unit 11
SO31 4RF Southampton
United Kingdom of Great Britain and Northern Ireland
|Phone:||+44 ( 0 ) 2380 987 03 0|
|Fax:||+44 ( 0 ) 2380 987 03 9|
|National tax ID:|
|EU V.A.T. ID:|
|Trade register:||Company Reg. No.: 7717288|
1 London Road, Southampton, SO15 2AE.
No revocation terms defined!
General Business Terms
TERMS AND CONDITIONS FOR ONLINE SALES
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.industrial-needs.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, 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 click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
We operate the website www.industrial-needs.com. We are PCE Instruments UK Limited, a company registered in England and Wales under company number 7717288 and with our registered office at Units 11 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF, which is also our main trading address. Our VAT number is GB1225579319.
2. YOUR STATUS
By placing an order through our site, you warrant that:2.1 you are legally capable of entering into binding contracts; and2.2 you are at least 18 years old;
3. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4. RISK AND TITLE
4.1 The Products will be your responsibility from the time of delivery.4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5. PRICE AND PAYMENT
5.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.5.2 Product prices exclude VAT.5.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product?s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.5.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.5.6 Payment for all Products can be made by credit or debit card, by Paypal, by bank transfer or by cash on delivery.
6. OUR REFUNDS POLICY
6.1 If you return a Product to us (for instance, because you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.6.3. Customers have the right to return goods within 14 Days of receipt of the goods. Customers have the right to cancel an order within 14 days of agreeing the purchase. Customers must complete the cancellation form.6.4 If you want to return a product to us (14 days of return, goods found faulty etc.), please fill in this form and include it with your returned product.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 2 -3 years (depending on the Product purchased), conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8. OUR LIABILITY
8.1 Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 8.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.8.2 Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:8.2.1 loss of income or revenue;8.2.2 loss of business;8.2.3 loss of profits;8.2.4 loss of anticipated savings;8.2.5 loss of data; or8.2.6 waste of management or office time.8.3 Nothing in this agreement excludes or limits our liability for:8.3.1 death or personal injury caused by our negligence;8.3.2 fraud or fraudulent misrepresentation;8.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;8.3.4 defective products under the Consumer Protection Act 1987; or8.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9. IMPORT DUTY
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. 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.
All notices given by you to us must be given to PCE Instruments UK Limited at Units 11 Southpoint Business Park, Ensign Way, Hamble, Southampton, Hampshire UK SO31 4RF. 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.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.12.2 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.12.3 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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).13.2 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:13.2.1 strikes, lock-outs or other industrial action;13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;13.2.5 impossibility of the use of public or private telecommunications networks;13.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and13.2.7 pandemic or epidemic.13.3 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.
15.1 If we fail, at any time during the term of a Contract, to insist upon 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
18. 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Some customer orders are being impacted by UK border and port delays. This is out of our control but we are doing all we can to keep delivery times as short as possible in conjunction with our couriers. Please be assured that our staff are continually assessing the situation with the aim of continuing to provide an efficient and reliable service. We apologize for any inconvenience caused by these delays.
The protection of your personal information is very important to us, below we would like to inform you in detail about how we deal with them. Of course, all statutory provisions of the General Data Protection Regulation (GDPR) and of other regulations related to data protection are observed.
1. PURPOSE OF DATA PROCESSING
Purpose A: recording the number of website visits based on the IP address to evaluate the number of visitors and viewed pages
Purpose B: Recording the system events based on the IP address for troubleshooting
Purpose C: Phone no. and other details on request –for the purpose of requesting a product presentation or to send an inquiry about a purchase order/an order, as agreed by the visitor
Purpose D: Title, name, given name, address, email, phone – fax and mobile no. on request, as well as consent to newsletter subscription – for the purpose of registering new customers
Purpose E: Google Analytics is used to analyse how a visitor uses the website. To do so, Google records customer data about technical characteristics and activities of the visitors of the website, via page views. These customer data are evaluated by a processing software to create reports that can contain information about the duration of the visit, approximate geographical origin, origin of visitor traffic, exit pages and visitor flows.
Purpose F: Google Maps provides access to maps to help find and visualise our location.
Purpose G: Youtube provides videos to visualise content. These are embedded via iframe.
Purpose H: Newsletter subscription and sending serve the purpose of generating orders and providing information about our company and our products and services.
Purpose I: Initiation and settlement of a purchase agreement
2. LEGAL BASIS FOR DATA PROCESSING
Data for the purposes A, B, E, F are processed on the basis of legitimate interests according to Art. 6 (1) (f) EU GDPR.
Data for the purposes C, D are processed on the basis of the voluntary consent of the person affected according to Art. 6 (1) (a) EU GDPR.
Data for the purpose I are processed on the basis of fulfilling an agreement according to Art. 6 (1) (b) EU GDPR.
3. LEGITIMATE INTEREST OF THE PROCESSING PARTY
On purpose A: The website is used to gain new customers and to transfer information to pro-spective buyers. In order to be able to measure the effectiveness of this website and to im-prove the website on the basis of these data, the data mentioned in purpose A are collected.
On purpose B: To be able to guarantee the technical availability of the website permanently, system events are saved and evaluated. To be able to recognise and prevent events effected on purpose, all events are saved along with the IP addresses.
On purpose E: The website is used to gain new contractual partners and to transfer information to prospective contractual partners. For this purpose, it is important to adapt the website to the visitor’s requirements as much as possible and to ensure maximum reach. In order to be able to measure the effectiveness of these measures, the data are collected.
On purpose F: To be able to provide you with a map service and to avoid having to operate an uneconomical website, we allow you access to the free map of Google Maps.
4. RECIPIENT OF THE DATA
Our contractual processor – expeedo Michael Balzer e.K., Mühlenstr. 5, 58285 Gevelsberg, Germany - may always access the data for hosting, operation or for further development of this website.
Moreover, the data will be forwarded to the following parties:
Google LLC,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA
5. DURATION OF DATA RETENTION
Purpose A: 12 months
Purpose B: 6 months
Purpose C: 6 months
Purpose D: permanently or until you unsubscribe
Purpose E: 14 months
Purpose F: 12 months
Purpose G: 12 months
6. USERS‘ RIGHTS
As a person affected by data processing, you have the following rights at no charge:
a) You can revoke your voluntary consent at any time (right of revocation).
b) You can always request an overview of all data about you we have recorded (right of access).
c) You can always request deletion of data which are not subject to any legal or contractual retention requirements without being charged for this (right to erasure).
d) You can always restrict your consent to data processing to certain areas (right to restriction).
e) You can always object to data processing if the data are used to pursue the public interest or legitimate interests of the controller if there are reasons resulting from your particular situation (right to object).
f) In case any of the data about you contain errors, you always have the right to rectification of these data (right to rectification).
g) You have the right to receive your personal data in a structured, common and machine-readable format or have those data transferred to a third party (right to data portability).
7. INFORMATION ON COOKIES
You can prevent cookies from being saved to your hard drive by choosing not to accept cookies in your browser settings. However, this may cause functional limitations of our offers.
On this website, technology from the company Criteo GmbH is used to collect and save information about the browsing behaviour of the website users for marketing purposes in anonymised form. These data are saved to your computer by using “Cookie” text files. Criteo analyses your browsing behaviour by means of an algorithm and is thus able to show you specific recommendations in the form of interest-related advertising banners on other websites which are called publishers. These data can by no means be used to personally identify the user of this website. The collected data are merely used to improve our offer. They are not used in any other way or passed on to third parties.
Via our website, you can subscribe to the PCE newsletter. If you have done so, your email address will be used to contact you personally, to send you invitations and information about new products, projects and events until you unsubscribe. We use a confirmation process when we set up your subscription. We will not send you any newsletter per email before you have confirmed your subscription. Your data is not transferred to third parties, with the exception of partner companies who are responsible for technical implementation of email delivery as requested by you. The data transferred to these companies are limited to the scope necessary for these purposes. In order to prevent third parties subscribing using your name, we are legally required to store the IP address and time of your newsletter confirmation. So as to continuously optimise content and technical implementation, we collect data relating to specific individuals, including data on email delivery, whether emails are marked as spam, opening and click rates for each recipient including precise times, and unsubscriptions. Clicked links (click map), country of origin and the devices and email clients that users use are analysed in anonymised form. If you wish to end your subscription and stop receiving newsletters, you can cancel your newsletter subscription at any time with future effect. You simply need to send a message using the contact details below. There is also an unsubscribe link in every newsletter email.
9. GOOGLE ANALYTICS
Google will use this information on our account in order to analyse the visitors‘ use of our online content, to compile reports about their activities within this online content and to provide further services to us which are related to the use of this online content and oft he internet. When doing this, they may create pseudonymous user profiles about individual users, using the processed data.
We only use Google Analytics with an activated IP anonymisation. This means that within the EU member states and other contracting states to the Agreement on the European Economic Area, the users‘ IP address will be shortened by Google. Only in exceptional cases, the full IP address will be transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser will not be combined with other data by Google. Users can avoid cookies from being saved via a setting in their browser software. Also, users can prevent that the data generated by the Cookie and related to their use of the online content are recorded, sent to Google and processed by Google by downloading and installing the browser plugin available when clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB
Further information on Google’s data use for advertising purposes as well as possibilities regarding settings and objection can be found on Google’s websites:
10. GOOGLE MAPS
This website uses the map service Google Maps via an API. Google Maps is provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. To be able to use the functions of Google Maps, it is necessary to save your IP address. These information are normally transferred to a Google server in the USA where they are saved. The provider of this website cannot influence this data transfer.
More information on how user data are used can be found in Google’s privacy statement:
11. USE OF YOUTUBE PLUGINS
To embed videos etc., we use YouTube. YouTube is run by YouTube LLC with headquarters at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc. with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
On some of our web pages, we use YouTube plugins. When you visit web pages of our web presence which have such a plugin, e.g. our media library, a connection to the YouTube servers will be established and the plugin will be displayed. This means that the YouTube server will receive the information which of our web pages you have visited. If you are logged in on YouTube as a member, YouTube will assign this information to your personal user account. When you use the plugin, e.g. by clicking on the start button of a video, this information will also be assigned to your user account. You can avoid this by logging out of your YouTube user account as well as of other user accounts you may have with the companies YouTube LLC and Google Inc. and deleting the cookies related to these companies before use.
Further information on data processing and data protection by YouTube (Google) can be found here:
12. FURTHER INFORMATION
We make every effort to save your personal data in a way that they cannot be accessed by third parties, exhausting all technical and organisational possibilities we have. With regards to email communication, we cannot guarantee complete data security. Therefore, we recommend that you send us any confidential information through the post.
Our employees and the service providers working on our behalf are obliged to maintain confidentiality and to adhere to national regulations on data protection.
13. RIGHT TO APPEAL
Any person affected by data processing has the right to file a complaint with your local supervisory authority for data protection or with the supervisory authority responsible for the operator of this website.
Person responsible for data processing
PCE Instruments UK Ltd
Unit 11 Southpoint Business Park
Ensign Way, Southampton
United Kingdom, SO31 4RF
Phone +44 (0) 2380 98703 0
Fax +44 (0) 2380 98703 9
TERMS OF WEBSITE USE
2. USE OF MATERIAL
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3. INTELLECTUAL PROPERTY
Our website and all of the related pages, including not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.
4.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or to any website to which it is linked.4.2 Further, we do not warrant that our website will be free of error or that the website and the serve are free of computer viruses or other harmful applications.
5. LINKS TO THIRD PARTY SITES
We may, from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site.
7. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions for online sales.
8. WHO WE ARE
This website is owned and controlled by: PCE INSTRUMENTS UK LIMITED. The full postal address is: Units 11 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF
Telephone number:+ 44 (0)2380 097030
Facsimile number:+ 44 (0)2380 987039
E-mail address: email@example.com
PCE Instruments UK Limited is registered in (England and Wales).
The company registration number is: 7717288
The registered address of the company is: Units 11 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF
9. LIMITATION OF LIABILITY
9.1 We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.9.2 If you enter our website, you agree that this clause 9 relating to limitation of liability is reasonable and it reflects the nature of a website. In particular, the nature of our website is merely an introduction to our company and the goods and services we offer, and as a result, our website merely acts to provide basic information that acts to inform on a superficial level.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.