ACSALESDIRECT Suppliers of Daikin, Fujitsu, Mitsubishi Heavy Industries, Toshiba Air Conditioning Units and Spares

TERMS AND CONDITIONS

Background :
This agreement applies as between you, the User of this Web Site or Purchaser and ACSALESDIRECT., the owner of this Web Site. Your agreement to comply with and be bound by their Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be abound by there 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. The Purchasers order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indication that the order has bee fulfilled and has been dispatched.

 

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 any Communications Systems on the Web Site.
“Carrier” 
means third part responsible, for transporting purchased Good from our Premises or Suppliers 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 forms part of the Web Site.
“Goods”    
means and products, the ACSALESDIRECT Ltd., advertises and / of makes available for sale through this Web Site.
“ACSALESDIRECT” means ACSALESDIRECT Ltd., 25, Archway Place, Dorking, Surrey. RH4 1DR
“Service” 
means collectively and online facilities tools, services or information that ACSALESDIRECT., 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.
“Purchaser”
means any person or business that buys Goods from ACSALESDIRECT Ltd., from this Web Site.
“Premises”
means our place(s) of business located at insert address of addresses or reference to web page listing locations as appropriate.

 “Communication Systems”

means any online communications infrastructure that ACSALESDIRECT 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 part that accesses the Web Site and is not employed by ACSALESDIRECT Ltd., and acting in the course of  their employment.
“Web Site” 
means the Web Site that you are currently using http://www.acsalesdirect.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
   
2. Business Customers
 
These Terms and Conditions apply also to customers buying in the course of business.
   
3. Intellectual Property
 
3.1          Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layouts, underlying code and software is the property of ACSALESDIRECT Ltd., our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material in protected by applicable United Kingdom and International intellectual property and other laws.
 
3.2          Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indication on the Web Site or unless given express written permission to do so by ACSALESDIECT Ltd.,
   
4. Third Party Intellectual Property
 
4.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products and may be applicable.
 
4.2          Subject to Cause 5 you may not reproduce, copy , distribute, store or in any other fashion re-use such material unless otherwise indication on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
   
5. Fair Use of Intellectual Property
 
Material from the Web Site may be re-used without written permission where any other exceptions detailed in Chapter lll of the Copyright Design and Patents Act 1988 apply.
   
6. Links to Other Web Sites
 
This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ACSALESDIRECT or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability of any and all forms of loss or damage arising out of the use of them. The inclusions of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
   
7. Links to This Web Site
 
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.acsalesdirect.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of ACSALESDIRECT. To find out more please contact us by email at info@acsalesdirect.co.uk or by Post, Telephone etc.,
   
8. Payment and Prices
 
8.1          We will accept payment of your order by credit / debit cards, or BACS. We do not offer credit facilities, unless by special arrangement.
  8.2          All orders are positively credit card sanctioned prior to dispatch.
 
8.3          We cannot accept responsibility if any details you provide us with are incorrect or if any order is held up as a result of incorrect details.
 
8.4          The price for the goods will be as stated on the web site at the time when at you place your order.  We reserve the right to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission on the published price for the goods. We try to ensure that all prices displayed on our web site are accurate, but the price of the goods on your order will need to be validated by us prior to processing your order.  If there is a problem, we will inform you of the correct price and will give you the opportunity to cancel your order should you wish.
  8.5          All prices on our web site are in pounds sterling and are exclusive of VAT., which will added at the rate as applicable at the time an order is placed
 
8.6          All prices include standard delivery charges to UK Mainland (excluding Northern Ireland, The Channel Islands, Isle of Man & Scottish Islands). Special delivery, timed delivery or weekend delivery will be charged additionally.
 
8.7          If you have reason to believe that your Account details have been obtained by another without consent, you should contact ACSALESDIRECT immediately and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, ACSALESDIRECT accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
 
8.8          If you are buying on behalf on your employer, you have the authority to submit payment information where such authority is required.
   
9. Termination and Cancellation
 
9.1          ACSALESDIRECT reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
 
9.2          If purchase are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
   
10. Goods, Pricing and Availability
 
10.1        Whilst every effort has been made to ensure that all graphical representation and descriptions of Goods available from ACSALESDIRECT correspond to the actual Goods, ACSALESDIRECT is not responsible for any variation from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of correct Goods, not different Goods altogether. Please refer to Clause 12.1 for incorrect Goods.
 
10.2        Where appropriate you may be required to select the required size, model, colour, number  and other features of the Goods that you are purchasing.
 
10.3        ACSALESDIRECT does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
 
10.4        All pricing information on the Web Site is correct at the time of going online, ACSALESDIRECT reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
 
10.5        In the event that prices are changed during the period between an order being placed for  Goods and ACSALESDIRECT, processing that order and taking payment, you will be contacted prior to that order being processed with details of the new price.
  10.6        All prices on the Web Site do not include VAT.,
   
11. Delivery
 
11.1        The place and date of the delivery shall be agreed between ACSALESDIRECT and the Purchaser.
 
11.2        In the case of damage in transit, notice of damage or breakage shall be sent by the Purchaser both to ACSALESDIRECT and to the Carrier within 7days of the date of receipt of the Goods. This should be followed up by a written claim setting out full details of the damage or breakage with 7 days of receipt of the Goods.
 
11.3        In the case of loss in transit or delay in delivery, notice by email, telephone or in writing shall be sent by the Purchaser to ACSALESDIRECT and the Carrier within 7 days of  the scheduled delivery date advised. This should be followed up by a written claim within 14 days of the scheduled delivery date advised.
 
11.4        Any time or date specified for dispatch or delivery of the Goods given by ACSALESDIRECT is an estimate only and shall not form part of the Contract unless expressly made a terms of the Contract in writing.
 
11.5        If for any reason the Purchaser is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery, ACSALESDIRECT shall be entitled to arrange storage at the Purchasers risk and cost. ACSALESDIRECT reserve the right to charge for re-delivery costs.
 
11.6        The goods purchased will be delivered on a vehicle deemed suitable by the Carrier for off loading only. ACSALESDIRECT Carriers will offload from the vehicle only. The goods purchased may in part or whole may be heavy and not easily man handled to a place of Storage by the Purchaser. It is the responsibility of the Purchaser to make all necessary arrangements for moving the Goods from the location of delivery to a place of Storage.
   
12. Returns Policy
  ACSALESDIRECT aims always to provide high quality Goods that a fault free and undamaged. On occasions however, goods may need to be returned. Returns are governed by these Terms and Conditions.
 
12.1        If the Purchaser received Goods which do not match those ordered, the Purchaser should contact ACSALESDIRECT within 10 days to arrange collection and return. ACSALESDIRECT is not responsible for paying shipping costs. The purchaser will be given the option to have the Goods replaced within those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon receipt of the returned Goods.
 
12.2        If Goods are damaged in transit and damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the Goods have been damaged. In any event, such damage should be reported to ACSALESDIRECT with 10 days and arrange collection and return. ACSALESDIRECT is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid will be refunded through the payment method used when the Goods were purchased.
  12.3        If the Goods have been dispatched or have reached you, but the Purchaser decides that  they are not longer require, the Goods can only be returned within 7 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 ACSALESDIRECT. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
 
12.4        If the Purchaser wishes to return Goods, to ACSALESDIRECT for any of the above reasons, please contact using the details on Contact Page to make the appropriate arrangements.
   
13. Warranty
 
13.1        ACSALESDIRECT reserve the right to cancel any or all of the warranty if the equipment or system has been poorly installed or not by a qualified refrigeration engineer (proof of the relevant qualifications will be required), badly maintained, incorrectly used, serviced by unqualified personnel. Please see our Warranty Conditions Page on this web site.
 
13.2        ACSALESDIRECT reserve the right to cancel any or all of the warranty if the equipment has been accidentally or deliberately damaged, been tempered with by an unauthorized persons for any reason.
 
13.3        ACSALESDIRECT reserve the right to cancel any or all of the warranty if an incorrect voltage has been applied to the equipment or wiring has been installed which leads to failure of the equipment or component.
 
13.4        ACSALESDIRECT reserve the right to cancel any or all of the warranty if the Goods have not been correctly applied or are not fit for purpose.
 
13.5        In the case where Goods sold by ACSALESDIRECT where the Manufacturers and / or other recommended installation and maintenance procedures have been correctly followed, ACSALESDIRECT warrants that if any Goods sold by ACSALESDIRECT are not of satisfactory quality or do not comply with their specification within one year from the date of sale or within such longer time within the warranty period given to ACSALESDIRECT by the Manufacturer of that Unit, or as agreed between ACSALEDIRECT and the Purchaser in writing, then a credit note will be given in respect of any replacement offered providing always that :-
 
13.5.1     Where part of a unit is found not be of satisfactory quality or does not comply fully with is specification this warranty applies only to that part and not the entire unit.
 
13.5.2     Items replaced under this warranty are only warranted for the remainder of the period of warranty on the Goods originally sold under the Contract.
 
13.5.3     ACSALESDIRECT does not accept claims for postage, carrier or delivery of an item under this warranty. Such costs will be and the expense of the Purchaser.
 
13.5.4     ACSALESDIRECT reserves the right to make site visits in order to inspect the installation in the case of any warranty claim.
  13.5.5     All goods returned under warranty must have gas or liquid connections sealed to prevent ingress of any foreign body or moisture.
 
13.5.6     ACSALESDIRECT is not responsible for any labour charges incurred in replacing items under warranty unless otherwise agreed by the Manufacturer and provides a labour allowance to ACSALESDIRECT. Only the value of the labour allowance provided by the Manufacturer will be refunded to the Purchaser.
 
13.5.7     ACSALESDIRECT will not accept any warranty liability where the Goods fail to meet the specifications if that failure results from the use of the Goods in conjunction or in combination with other products not sold by ACSALESDIRECT.
 
13.6        In the circumstances where a Purchaser makes a claim under the warranty procedures and the Goods are not defective or do not qualify for the warranty, the Purchaser shall be liable to pay to ACSALESDIRECT such amount as represents the costs incurred by ACSALESDIRECT in dealing with the Purchasers claim within 30days of receipt ACSALESDIRECT request for payment.
  13.7        ACSALESDIRECT do not offer Warranty on Goods which are installed outside of the United Kingdom.
   
14. Disclaimers
 
14.1        ACSALESDIRECT Ltd., makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
 
14.2        No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
 
14.3        No part of this Web Site is intended to constitute a contractual off capable of acceptance.
   
15. Changes to the Service and these Terms and Conditions
 
ACSALESDIRECT Ltd., reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If ACSALESDIRECT Ltd., is required to make any changes to Terms and Conditions relating to sale of Goods by Law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
   
16. Availability of the Web Site
 
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (expressed of implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
   
 
ACSALESDIRECT Ltd., accepts no liability for any disruption of non-availability of the Web Site resulting from external causes including, but no limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war of legal restrictions and censorship.
   
17. Limitation of Liability
 
17.1        To the maximum extent permitted by law, ACSALESDIRECT Ltd., accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Contents at their own risk.
  17.2        Nothing in these Terms and Conditions excludes or restricts ACSALESDIRECT Ltd., liability for death or personal injury resulting from any negligence or fraud on the part of ACSALESDIRECT Ltd.,
 
17.3        Nothing in these Terms and Conditions excludes or restricts ACSALESDIRECT Ltd.,  liability for direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
 
17.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions. This term shall apply only within the jurisdictions where a particular term is illegal.
   
18. No Waver
 
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right of remedy.
   
19. Previous Terms and Conditions
 
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise
   
20. Notices
 
All notices / communications shall be given to us either by post to our Premises (see address above) or by email info@acsalesdirect.co.uk  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
   
21. Law and Jurisdiction
 
These Terms and Conditions and the relationship between you and ACSALESDIRECT Ltd., shall be governed by and construed in accordance with the Law of England and Wales and ACSALESDIRECT Ltd., and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
   

 

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