Terms and Conditions

 

BACKGROUND

This agreement applies as between you, the User of this Web Site and CLIMAX TECHNOLOGY LIMITED, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

 

1. Definitions and Interpretation

In this agreement the following terms shall have the following meanings:

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods”

means any products that CLIMAX TECHNOLOGY LIMITED advertises and  / or makes available for sale through this Web Site;

“CLIMAX 

means CLIMAX TECHNOLOGY LIMITED  and the website CLIMAXDIGITAL ;

Service”

means collectively any online facilities, tools, services or information that CLIMAX TECHNOLOGY LIMITED makes available through the Web Site either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at

Unit 32, Enterprise City

Meadowfield Avenue

SPENNYMOOR

DL16 6JF

United Kingdom

System”

means any online communications infrastructure that CLIMAX TECHNOLOGY LIMITED  makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by CLIMAX TECHNOLOGY LIMITED  and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (http://www.climaxdigital.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

11. Purchasing

All items offered on our website are subject to availability. To purchase any of the items on our Web Site, click the "Add to Basket" button shown on each product page. When you place an order to purchase a product by clicking the button "Order Now", we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've accepted your order or dispatched the product to you. The contract will be filed. For safety reasons your order’s data are not accessible via internet. We keep these data in confidence according to our privacy policy.

.

12. Goods, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from <<NAME>> correspond to the actual Goods, ClimaxDigital is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 14.1 for incorrect Goods.
12.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
12.3 ClimaxDigital does not represent or warrant that such Goods will be available.  Stock indications are provided on the Web Site. HOWEVER THESE MAY NOT TAKE INTO ACCOUNT SALES THAT HAVE TAKEN PLACE DURING YOUR VISIT TO THE WEB SITE.

12.4 All pricing information on the Web Site is correct at the time of going online.  ClimaxDigital reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated daily.
12.5 In the event that prices are changed during the period between an order being placed for Goods and ClimaxDigital processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
12.6 All prices on the Web Site DO include VAT. Delivery charges are not included in the prices quoted.

 

13. Delivery

13.1 We only deliver to  Europe

13.2 ClimaxDigital will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
13.3 If ClimaxDigital  receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

 

14. Returns Policy

ClimaxDigital aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.
14.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  ClimaxDigital is not responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.
14.2 If any Goods you have purchased have faults when they are delivered to you, you should contact ClimaxDigital within 28 days to arrange collection and return.  ClimaxDigital is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
14.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
14.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to ClimaxDigital within 10 days and arrange collection and return.  ClimaxDigital  is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
14.5 If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to ClimaxDigital within 10 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of ClimaxDigital.  You are responsible for paying shipment costs if Goods are returned for this reason.
14.6 If you wish to return Goods to ClimaxDigitalfor any of the above reasons, please contact us by email at  info@climaxdigital.co.uk to make the appropriate arrangements.
14.7 ClimaxDigital reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
14.7.1 Any use or enjoyment that you may have already had out of the Goods;
14.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
14.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
14.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law

 

15. Payment

15.1 Payment is taken once we have established that we can fulfil your order, checked details and stock availability and despatched your goods. We do not charge your credit or debit card until we dispatch your order.

15.2 Payment for goods and delivery charges can be made by any method shown on ClimaxDigital's website at the time you place your order.

15.3 There will be no delivery until cleared funds are received.

 

16. After-Sales Services and Guarantees

Customer Service

Any complaints regarding the goods or services supplied should be made to:

ClimaxDigital

Unit 32, Enterprise City

Meadowfield Avenue

SPENNYMOOR

DL16 6JF

United Kingdom

You can e-mail us at info@climaxdigital.co.uk with your complaint. Our normal office hours are 9am - 5.30pm Monday - Friday,

 

17.Statutory Rights

These Terms and Conditions do not affect any of your statutory rights.