Terms and Conditions of Sale for Auriel Ltd – Sister Company To Lion Safety
Terms & Conditions of Sale – refer to: https://www.lionsafety.co.uk/legal-stuff/terms-and-conditions-of-sale/
Lion Safety Limited – SC498428 and Auriel Ltd – registered in Scotland – SC660169
To see our full Terms & Conditions please click here
Website Terms and Conditions of Sale
1. Information about us
1.1 Lion Safety Limited Company having its principal place of business at 14 Inchyra Road, Grangemouth FK3 9XB operates the website www.lionsafety.co.uk. Our main trading address is 14 Inchyra Road, Grangemouth FK3 9XB. Reg. No. SC 498428. VAT number GB 189 8705 95.
1.2 To contact us, please see our Contact Us page.
1.4 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to agree to these Terms, you will not be able to order any Products from our site.
1.5 You should print a copy of these Terms (or save them to your computer) for future reference.
1.6 We amend these Terms from time to time as set out in condition 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.7 These Terms, and any Contract between us, are only in the English language.
2. Use of our websites
3. How we use your personal information
4. Our Products
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Further, we cannot guarantee that any given image will reflect or portray the full design or options relating to that Product. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on our site.
4.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered has been discontinued and we will not process your order if made.
5. Registered Users
- 5.1.1 completing the registration process on our site to become a registered user of our site you have confirmed; and
- 5.1.2 accepting these Terms, you reconfirm,
that you are a business customer and not a consumer and that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time as and when they change
5.3 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
6. How the contract is formed between you and us
The technical steps required to create the Contract between you and us are set out below.
6.1 You either:
- 6.1.1 login to your Registered User account using the Username and Password that you created during the online registration process; or
- 6.1.2 login to the Registered User Credit account using the Username and Password that was provided to you during the online account setup process.
6.2 You place the order for the Products on our site by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on our site
6.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.4 Prior to submitting final confirmation of your order you will be asked to accept these Terms, following which you can confirm and submit your order.
6.5 After you submit an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in condition 6.6.
6.6 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.7 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in condition 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise the Terms from time to time in the following circumstances:
- 7.1.1 to reflect changes in how we accept payment from you; or
- 7.1.2 to reflect changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise the Terms in accordance with this condition 7, we will keep you informed and give you notice of this by stating at the top of this page that the Terms have been amended and the date on which the amendment took place.
8. Delivery of the Products and Passing of Risk
8.1 All times or dates given for delivery of the Products by us are approximate only and without any responsibility on our part. Time of delivery shall not be of the essence.
8.2 We shall deliver the Products to the address set out on the Dispatch Confirmation unless agreed otherwise with you.
8.3 You shall be solely responsible for the unloading or discharging of Products delivered pursuant to the Contract and delivery shall be deemed to be effected and the risk in the Products shall pass to you as follows:-
- 8.3.1 where the Products are delivered by us or on our behalf by rail, road or sea to the address set out in the Dispatch Confirmation or the address specified by you and agreed by us for delivery, when the Products have been so delivered.
- 8.3.2 where the Products are to be collected by you or by anyone on your behalf when Products have passed into your control or any person acting on your behalf.
8.4 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. If you fail to take delivery of the Products within 3 working days of us notifying you that the Products are ready, then, except where such failure or delay is caused by our failure to comply with our obligations under the Contract:-
- 8.4.1 delivery of the Products shall be deemed to have been completed at 9.00 am on the 4th working day after the day on which we notified you that the Products were ready; and
- 8.4.2 we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance), provided that you shall be immediately informed thereof.
8.5 If 10 working days after the day on which we notified you that the Products were ready for delivery you have not taken delivery of them, we may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, account to you for the proceeds of the sale of the Products.
8.6 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement Products of similar description and quality in the cheapest market available. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.7 In the case of Products conveyed by road, rail or sea transport we reserve the right at any time without notice to refuse to make delivery of any quantity of the Products if, in our reasonable opinion, your storage facilities or other installation (or other equipment of yours required to be used in connection therewith) into which such quantity of the Products would be transferred from the road, rail or sea transport on delivery is unsuitable on the grounds of inaccessibility to road, rail or sea transport or of danger to persons or property or of any existing or apprehended contravention of any statute, regulation, bye-law or other rule having the force of law. Where, however, delivery is made by us of any quantity of the Products conveyed by road, rail or sea transport such delivery shall not in any way be deemed an admission on our part as to the suitability of your storage facilities or other installation as aforesaid.
8.8 You own the Products once we have received payment in full, including all applicable delivery charges.
8.9 Once delivery has been effected in accordance with condition 8.3 or 8.4 above, you are deemed to have accepted the Products and are deemed to be satisfied with both the quantity and quality.
9. Price of products and delivery charges
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see condition 9.5 for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product is stated both exclusive and inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and you will be presented with delivery options and the relevant delivery charges before you press the confirm order button at the end of the checkout process.
9.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10. How to pay
10.1 If you have:
- 10.1.1 a Registered User account you can only pay for Products using a debit card or credit card. We accept all major credit and debit cards; or
- 10.1.2 a Registered User Credit account you may pay for Products using a debit card or credit card or via the “payment by invoice” option.
10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card or issue an invoice for Products (where applicable) until we dispatch your order.
11. Our warranty for the Products
11.1 We provide a warranty that on delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in condition 11.2.
11.2 The warranty in condition 11.1 does not apply to any defect in the Products arising from:
- 11.2.1 fair wear and tear;
- 11.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- 11.2.3 if you fail to use the Products in accordance with their description and you fail to comply with any recommendation by us as to storage and handling of the Products;
- 11.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers;
- 11.2.5 if you fail to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products; or
- 11.2.6 any specification provided by you.
11.3 In the case of Products not manufactured by us, we will pass on to you to the extent that we are able any benefits obtainable under any warranty given by our supplier provided that the Products have been accepted and paid for.
11.4 In order to exercise your rights under condition 11.3 you shall inform us within 14 days of the date when such defect appeared or ought reasonably to have been discoverable and shall at our written request return the defective Products carriage paid to our premises.
11.5 These Terms apply to replacement Products supplied by us.
11.6 Where Products have been repackaged by you upon receipt of the Products, you are deemed to have accepted the Products and we cannot be held responsible for the condition of the Products after repackaging has taken place.
11.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products including relating to fitness for purpose or condition of Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
12. Our liability
- 12.1 Nothing in these Terms limit or exclude our liability for:
- 12.1.1 death or personal injury caused by our negligence;
- 12.1.2 fraud or fraudulent misrepresentation; or
- 12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or of the terms implied by section 12 of the Irish Sale of Products Act 1893 (as applicable).
12.2 Subject to condition 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 12.2.1 any loss of profits, sales, business, or revenue;
- 12.2.2 loss or corruption of data, information or software;
- 12.2.3 loss of business opportunity;
- 12.2.4 loss of anticipated savings;
- 12.2.5 loss of goodwill; or
- 12.2.6 any indirect or consequential loss.
12.3 Subject to condition 12.1 and condition 12.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.4 In the case of Products which are to be delivered by us or on our behalf no liability for non-delivery, loss of or damage to the Products occurring prior to delivery or for any claim that the Products are not in accordance with the Contract will attach to us unless claims to that effect are notified in writing by you to us (and in the case of claims for non-delivery, loss or damage with a copy to the carrier if our own vehicles have not been used to deliver the Products):-
- 12.4.1 within 30 days of delivery for loss or damage or non-compliance with the Contract; or
- 12.4.2 within 30 days of the date of the Dispatch Confirmation for non-delivery.
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 an Event Outside Our Control. An Event Outside Our Control is defined below in condition 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation strikes, lock-outs or other industrial action by third parties, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 13.3.1 we will contact you as soon as reasonably possible to notify you; and
- 13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. Communications between us
14.1 When we refer, in these Terms, to “in writing” or “Written”, this will include faxes and e-mails.
14.2 Any notice, consent or confirmation required to be given by either party to the other under a Contract shall be given by hand or sent by first class recorded delivery post or facsimile transmission or email to the other party at the address or facsimile number or email address as may from time to time be notified in writing to the party giving such notice or other communication by the party to whom such notice or other communication is given.
14.3 Notices shall be deemed given, in the case of notice given by hand, when given, in the case of notice given by recorded delivery post, two (2) Business Days after the date of posting and in the case of notice given by facsimile, at the time when the facsimile machine acknowledges receipt thereof and in the case of an email at the time the email is sent.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation. We will always notify you by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under a Contract to another person if we agree in advance in writing.
15.3 If any provision of the Terms is declared to be void or unenforceable by any judicial or administrative authority in any jurisdiction in which the Terms are effective, such provision will be deemed to be severable and the parties shall each use their reasonable endeavours in good faith to modify the Terms so that the intent of the Terms can be legally carried out.
15.4 The parties do not intend any provision of these Conditions to be enforceable by any person who is not a party to the Contract. A person who is not party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
15.5 Failure, delay or neglect by either party to enforce at any time any provision of the Terms shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of the Terms nor prejudice the party’s rights to take subsequent action.
15.6 We supply Products to business customers who are located in England and Wales, Northern Ireland, the Republic of Ireland and Scotland. Where the Products are supplied to you in England or Wales, Northern Ireland or the Republic of Ireland these Conditions shall be interpreted under the laws of England and the English Courts will have exclusive jurisdiction. Where the Products are supplied to you in Scotland these Conditions shall be interpreted under the laws of Scotland and the Scottish Courts shall have exclusive jurisdiction.
15.7 We will not file a copy of the Contract between us.