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.ofyr.co.uk (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.
INFORMATION ABOUT US
We operate the website www.ofyr.co.uk. We are Alfresco Concepts (UK) Limited, a company registered in England and Wales under company number 07205725 and with our registered office at 25 St Thomas Street, Winchester, SO23 9HJ. Our VAT number is 990792177.
By placing an order through our site, you warrant that:
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by [sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation)]. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
CONSUMER CANCELLATION RIGHTS
4.1 If you are contracting as a consumer, you have a statutory right to cancel and receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products.
4.2 To cancel a Contract, you must inform us in writing by emailing us at firstname.lastname@example.org or writing to us at Alfresco Concepts (UK) Limited, Unit 3, Old Park Wood Industrial Estate, Old Park Road, Bishops Sutton, Alresford, SO24 0JG. If the Products have been delivered to you, you must also return the Products to us at Alfresco Concepts (UK) Limited, 2 Garrood Drive, Industrial Estate, Fakenham, Norfolk, NR21 8NN as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
4.3 This clause 4 only applies if you are contracting as a consumer.
AVAILABILITY AND DELIVERY
5.1 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.
5.2 We only deliver Products to addresses in the UK, EIRE and the Channel Islands.
5.3 In relation to delivery of an OFYR, please note that the delivery company operates a “kerb side delivery policy” whereby:
5.4 By signing the delivery receipt provided by the delivery driver without noting any fault or damage, you acknowledge that you have inspected the Product(s) and that they do not show any signs of fault or damage.
RISK AND TITLE
6.1 The Products will be your responsibility from the time of delivery.
6.2 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.
PRICE AND PAYMENT
7.1 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.
7.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 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.
7.4 Product prices are inclusive of costs and charges of packaging, insurance and transport of the Products where:
7.5 Where all of the matters listed in clause 7.4(a)-(c) do not apply, a shipping surcharge will apply of such amount as is confirmed by us at the point of your order.
7.6 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.
7.7 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.
7.8 Payment for all Products must be by credit or debit card.
OUR REFUNDS POLICY
8.1 If you return a Product to us:
OUR LIABILITY TO A BUSINESS
9.1 Subject to clause 9.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
9.2 Subject to clause 9.3, 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:
However, this clause 9.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.2.
9.3 We do not in any way exclude or limit our liability for:
This clause 9 does not apply if you are contracting as a consumer. Please see clause 10.
OUR LIABILITY TO A CONSUMER
10.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
10.2 We only supply the Product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
If you are contracting as a business, this clause 10 does not apply. Please see clause 9.
11.1 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.
11.2 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.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
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 AND COMMUNICATIONS
All notices given by you to us must be given to Alfresco Concepts (UK) Limited at Alfresco Concepts (UK) Limited, Unit 3, Old Park Wood Industrial Estate, Old Park Road, Bishops Sutton, Alresford, SO24 0JG, or email@example.com. 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 12 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 IF YOU ARE A BUSINESS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 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.
15.3 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.
This clause 15 does not apply if you are contracting as a consumer. Please see clause 16.
TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
16.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
16.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing.
This clause 16 does not apply if you are a business. Please see clause 15.
EVENTS OUTSIDE OUR CONTROL
17.1 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).
17.2 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:
17.3 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.
18.1 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.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 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 14 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.
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
If you are contracting as a consumer, this clause 20 does not apply. Please see clause 21.
OUR CONTRACT WITH YOU
If you are contracting as a consumer, 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.
If you are contracting as a business, this clause 21 does not apply. Please see clause 20.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 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 Dispatch 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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.