Alex Nangle Electrical Ltd  -  Terms & Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 8 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 9.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Alex Nangle Electrical (No. SC111872) of Unit 1 Telford Square, Houstoun Industrial Estate, Livingston, EH54 5PQ (“we” and “us”) to the customer (“you”). Our VAT number is GB 502 3064 04.
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us.
1.3 These Terms and Conditions are subject to change from time to time. The current Terms and Conditions are available online at nangle.co.uk and will govern orders placed by you and the supply of goods to you.
1.4 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
2. Ordering
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Checkout” button on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
3.2 We reserve the right to update prices on a regular basis. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
3.3 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 Prices are subject to change, at the discretion of Alex Nangle Electrical Ltd.
3.7 For website orders, payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page.
3.8 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
3.9 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
3.10 We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email or over the phone. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.  We offer a secure 'Pay by Link' service through WorldPay.
3.11 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you (including Trade UK cards) and we are not bound by any individual order limit you may impose on your employees.
3.12 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.13 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.14 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clauses 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.  Alex Nangle Electrical Ltd use FedEx for Domestic (UK) shipments and DHL for international shipments.
4.2 A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods.
4.4 Without prejudice to clause 4.3, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.
5. Call & Collect
General
5.1 The terms set out under this clause 5 apply in relation to “Call & Collect” orders.
5.2 These services are available on all stock items.
Ordering
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at the trade counter.
5.4 If you need to cancel your order after you have submitted it, please call us on 01506 449400
 
Collection

5.5 Subject to clause 6, if your item is in stock at the trade counter, we will aim to ensure that it is available for collection from the trade counter, after we receive your order and successfully process your payment.
5.6 Items are available for collection only during normal opening hours from Alex Nangle Electrical Ltd. Livingston (see http://www.nangle.co.uk for details of opening hours).
5.7 Out of Hours Sales –  Alex Nangle Electrical Ltd. offers an ‘Out of Hours’ sales line to support customers beyond normal opening hours.
This is an emergency line (and subject to 6.1) is not to be used to check stock levels. (charges apply).
6. Availability
6.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
6.2 We work hard to ensure that we have sufficient stock to meet all of our customers’ needs; to achieve this, we may restrict sales of certain goods from time to time. Where we believe that availability does not or may not meet demand, we reserve the right at our sole discretion to vary your order by placing a limit on the volume or number of goods that you order. This limit may be imposed either on a single order of goods or on a series of orders for goods, and may be notified to you at the time of placing the order, before delivery or collection, or at collection.
7. Manufacturer's Warranties & Guarantees
7.1 Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
7.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
7.3 Some products may feature an extended manufacturer’s warranty. These may need to be registered within 28 days of purchase – see the product documentation for more information.
8. Cancellation, Returns & Refunds
Cancellation
8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you or your collection from our trade counter.  In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
8.2 You will lose your right to cancel after the expiry of the 30-day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 13. You may also cancel by informing us in-store at a trade counter. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.11), unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components or discounted additional products to the address shown in section 13.1
8.5 Following cancellation, subject to clause 8.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day: 8.5.1 you notified us to cancel your order, where you have not received the goods; or, 8.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or 8.5.3 you provide us with a proof of return for the goods, where you have returned the goods, but we have not yet received them
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide you with a refund or customer credit (at your option).
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
Faulty/Incorrect Goods
8.11 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30-day period in clause 8.1.
8.12 Without prejudice to your right to cancel orders generally under this clause (8), if you have notified us of a problem with the goods within 30 days of delivery or collection, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
Legal Rights as a Consumer
8.14 The provisions of this clause (8) do not affect your legal rights if you are a consumer.
9. Liability
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any: 9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of Alex Nangle Electrical Ltd. or if it was contemplated by you and us at the time you and we entered into our contract); 9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and 9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are an account holding customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are an account holding customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are an account holding customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
10. Termination
10.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
11. Events Beyond Our Control
11.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
12. General
12.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with Scottish law.
12.2 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.
12.3 These Terms and Conditions apply to brand new parts, sold on this website and from our trade counter. All products sold by Alex Nangle Electrical Ltd. are supported by our Returns Policy. Your statutory rights are not affected.
13. Contact Details
13.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Alex Nangle Electrical Ltd, Unit 1 Telford Square, Houstoun Industrial Estate, Livingston, EH54 5PQ, by phone on 01506 449400, or by email at sales@nangle.co.uk Calls may be recorded for quality and training purposes.
14. Privacy Policy
14.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at https://www.nangle.co.uk/Privacy-Policy  ) or ask in store or phone 01506 449400
VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.
ATEX. Compliance. All hazardous area equipment supplied by Alex Nangle Electrical Ltd. is compliant to the ATEX directive 94/9/EC that became mandatory on 30^th June 2006 except where items are specified by the purchaser. In the event that a request for goods does not meet these criteria, we will hold and highlight pending purchase approval and written acceptance of non-approved electrical equipment.
Force Majeure. The company shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or to goods delivered that is caused by an event or circumstances beyond its reasonable control.
Confidentiality.  The buyer will use all reasonable endeavours to ensure that the sellers confidential information is not copied or disclosed to any third party
Governing Law. The contract between us shall be governed by and interpreted in accordance with Scottish Law and you accept that Scottish courts shall have exclusive jurisdiction to resolve any disputes between us.
Anti Bribery compliance. If carrying out services or activities on our behalf, you shall comply fully with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010. Maintain in place throughout the term of this agreement your own policies and procedures, including adequate procedures under the Bribery Act 2010 to ensure compliance with the relevant laws. Report immediately to Alex Nangle Electrical Ltd. any requests or demands for any undue financial or other advantage of any kind received by you in connection with any activity carried out on our behalf, ensure any person associated with you who is performing services or providing goods in connection with this agreement does so only on the basis of written contract which imposes on and secures from such person terms equivalent to those imposed on you in this clause.