|ThatCable – Terms and Conditions
|1. Information About Us and the Terms
We are ThatCable, a trading name of Angel Software Limited, a company registered in England and Wales under company number 03863318 and with Our registered office at Unit 5, Dewhurst Row, Preston, PR5 6SW (We, Us, Our). Our VAT number is 741465437. For details on how to contact Us, please see Our Contact Us page.
We reserve the right at Our absolute discretion to amend the Terms at any time, the amended version of which will appear on Our Site. Your continued use of Our Site signifies your acceptance to the Terms from time to time. Please check these Terms to ensure that you understand the terms which will apply at the time that you order the Products. You should print a copy of these Terms or save them to your computer for future reference. These Terms and any other contract or policies governing the relationship between Us and you are only in the English language.
|2. Our Products
The images of the Products on Our Site are displayed for illustrative purposes only. Although We have made every effort to display them accurately, We cannot guarantee that your computer's display reflects the true appearance of the Products. Although We have made every effort to be as accurate as possible Products may not exactly match all sizes, weights, capacities, dimensions and measurements indicated on Our site and packaging of the Products may vary from that shown on images on Our Site.
Products described on Our Site or elsewhere in Our literature are the subject of a continuing process of technical change and development and We therefore reserve the right to alter such specifications at any time before or after delivery. All descriptions, illustrations, specifications and dimensions are approximate only and intended to present a general guideline as to those Products and that the Products may not exactly match those.
All Products shown on Our Site are subject to availability. It is possible that some of the Products listed on Our Site may be unavailable, We will inform you by e-mail if the Product you have ordered is not available.
|3. How the Contract Is Formed
You may place an order either over the phone by calling our land line or via Our Site. Our online 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 stage of the order process. If you are not a consumer, you warrant that by making an order you have authority to bind any business on whose behalf you purchase Products.
After you place an order online, 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. Our acceptance of your order will take place as described in the next paragraph below.
If We grant you a trade account you warrant that you are a business and not a consumer and that all purchase orders raised by you to purchase the Products from Us are made in accordance with these Terms. If you have a trade account then you must make all orders via purchase orders and acknowledge that this constitutes an offer to purchase the Products from Us. A Contract shall not be concluded between you and Us until such time as We have delivered the Products to you.
If you place an order over the phone We will confirm the details and confirm Our acceptance to you at which point you agree and acknowledge that a Contract will be formed between you and Us.
If you specifically request so over the phone or if you place an order via Our Site We will confirm Our acceptance of your order to you by sending you an e-mail that confirms the details of the order, the amount paid, any right you have to cancel your order (as described in the Cancellations and Returns sections below) and estimated delivery time at which point a Contract will be formed between you and Us.
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, We will inform you of this by e-mail and We will inform you of suggested alternatives where appropriate or We will not process your order if there are no suitable alternatives. If you have already paid for the Products, We will refund you the relevant amount as soon as possible.
|4. Payment Information
You can only pay for Products via one of the payment methods set out on Our Site or as We notify to you over the phone. Payment for the Products and all applicable delivery charges are made in advance but this does not mean that a binding contract has been formed. The prices of the Products will be as quoted on Our Site from time to time. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
If you have a trade account then We shall issue you with an invoice for the Products purchased upon delivery of the Products to you. You agree and acknowledge that you have 30 days from the date of the invoice in which to pay Us for the Products. If any payments are overdue then We you agree and acknowledge that We may charge interest on all overdue payments at a rate of 4% per day above the base rate of the Bank of England from time to time.
There are a vast number of items for sale on Our Site and We use our best efforts to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. It is always possible that, despite Our best 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 to inform you 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 unmistakeable 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.
Prices for our Products may change from time to time, but changes will not affect any order which we have already confirmed and where a Contract has been formed in accordance with section 3 above. The price of a Product includes delivery charges to UK mainland, however you may select for Us to make faster delivery to you.
We will do Our best to deliver your order by any delivery date which We estimate to you and for the avoidance of any doubt, time is not of the essence in delivery. You own the Products once We have received payment in full, including all applicable delivery charges.
We may deliver the Products in instalments if all of the Products are not available at the same time for delivery. Delivery will be completed when We deliver the Products to the address you gave Us in the order process. If no one is available at your address to take delivery or the delivery address you provided Us with is incorrect, We will leave you a note informing you that the Products have not been successfully delivered (if possible) and information enabling you to arrange for redelivery. Please note that in these circumstances, additional charges may be incurred. If the address you provided Us with is incorrect and we do not receive the Products back from the courier then you will not be entitled to a refund and you will need to re-order with a correct address in order receive the Products. If you wish to request a change of address from what was given to Us during the order process, please call Our landline immediately, do not email as we may not see the email in time to be able to stop your order from being dispatched.
The Products will be your responsibility from the completion of delivery. Upon receipt of the Products you must inspect the Products and sign for them as 'undamaged' or 'damaged' accordingly. Where the Products to be delivered are large/bulky items, it will be your responsibility to ensure that arrangements are made to move the Products from the kerbside to your property and to assess if they will fit through doors or other access ways.
If the Products are supplied without instructions then you are responsible for notifying Us of this fact to establish whether there should be any as some Products are not accompanied by any instructions. If in these circumstances you do not notify Us and fail to use the Products in accordance with the instructions which you should have received, you agree and acknowledge that We shall not be liable to you in any way for any losses which you suffer as a result. We take no responsibility for the content of instructions which are supplied by the manufacturers of the Products and therefore if you have any issues with the instructions which are supplied then it is your responsibility to contact the manufacturer directly.
We do make deliveries outside of the UK mainland but please note that the price of the Products does not include this and you shall have to pay the additional delivery costs set out on Our Site. By purchasing the Products, you warrant that you are legally obliged to import them into your country of residence and that you will be responsible for the payment of any import duties or taxes in doing so.
|6. Manufacturers Guarantees
Some of the Products We sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions of any manufacturer's guarantee, please refer to the manufacturer's guarantee provided with the Products. To make use of the guarantee you may be required to deal directly with the manufacturer. If you are a consumer, any manufacturer's guarantee is provided in addition to your legal rights in relation to Products that are faulty or not as described.
|7. Our Warranty For The Products
For Products which do not have a manufacturer's guarantee, We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects.
This warranty does not apply to any defect in the Products arising from:
a) fair wear and tear;
b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c) if you fail to assemble, operate or use the Products in accordance with the user instructions provided with the Products;
d) any alteration or repair to the Products undertaken by you or by a third party who is not authorised by Us; or
e) any specification provided by you.
If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described or your other statutory rights as set out in the sections headed Cancellation and Returns below.
|8. Cancellation (This clause does not apply if you are a business and only if you are a consumer)
Right to Cancel
If you are a consumer, you have a legal right to cancel a Contract for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations) within 14 days without giving any reason. The cancellation period will expire after 14 days from the date on which you receive the Products or if delivered in multiple lots, the date on which you receive the last Product. This cancellation right does not apply in the case of any made-to-measure or custom-made Products or if you have opened or used the Products.
To exercise the right to cancel a Contract, you must inform Us by notifying Us in writing clearly indicating that you are exercising these rights. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel a Contract, We will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by Us). We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day We receive back from you any Products supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
c) if there were no Products supplied, 14 days after the day on which We are informed about your decision to cancel a Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or you have supplied evidence of having sent back the Products whichever is the earliest.
If you do make a cancellation you must following such cancellation keep the Products in your possession and take good care of them and return them to Unit 5, Dewhurst Row, Preston, PR5 6SW in their original condition in secure packaging without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from a Contract to Us.
You’re responsible for the costs of returning the Products to Us unless they are defective or not what you ordered. If the Products are defective or not what you ordered, please see the section headed Returns below. If You don’t return the Products to Us within 14 days of notifying Us of your cancellation We may arrange for them to be collected from you and We may charge you for the cost of doing so.
Products that are not what you ordered
If you have received Products that you didn’t order you must provide Us with notice in writing within 7 days of receipt of the Products. You must then return the Products to Unit 5, Dewhurst Row, Preston, PR5 6SW within 14 days of notifying Us in writing unless We notify you that We shall arrange for the Products to be collected from you. We will refund the price of the Products in full, any applicable delivery charges and any reasonable costs you incur in returning them to Us within 30 days of your notification, or if later, upon receipt of the Products by return.
Defective or Damaged Products
Your right to return the Products which are defective or damaged is subject to Our terms of liability as set out below and your statutory rights (as a consumer, if applicable) if exercised within a reasonable time and in any event within 7 days from receipt of the Products.
You must inspect the Products upon receipt and if you have received Products that are defective or damaged you must sign for them as 'damaged' and provide Us with notice in writing within 7 days of receipt of the Products. Once you have notified Us you will receive a returns number.
If you provide notice to Us in writing that any of the Products are defective in quality or condition within this time and you allow Us to assess the nature of the alleged defect (if We agree with your assertion and the defect was not caused by you) We may at Our sole discretion either:
a) Repair the defective Products. We may ask you to return the Products to Us quoting the returns number and will reimburse any reasonable costs in doing so; or
b) Replace the defective Products (or the part in question) free of charge to the exclusion of all other remedies to the greatest extent permitted by law. If We’re replacing defective Products We are only obliged to deliver them to the same delivery address as the original delivery at which time risk in the Products passes to you and you’re responsible for onward transportation costs; or
c) Refund the price (or a proportionate part of the price) of the defective Products in which case the defective Products shall become Our property but We’re under no obligation to collect them from you or arrange for their disposal. We may ask you to return the Products to Us and will reimburse any reasonable costs in doing so.
This Returns Policy does not cover Products which are faulty or damaged when the fault or damage is caused by you and you must therefore inspect and sign for the Products as damaged upon receipt if this is the case to rely on this. You will be deemed to have damaged the Products where We reasonably determine that you have not followed the instructions for use, have misused the Products, neglected or not taken proper care of the Products, and so on.
|10. Our Liability If You Are A Business (This clause only applies if you are a business)
Nothing in these Terms shall limit or exclude our liability for:
a) death or personal injury caused by Our negligence;
b) fraud or fraudulent misrepresentation; or
c) any other terms implied by law for which We are prohibited from limiting or excluding liability.
Save as set out in this clause above, We will under no circumstances whatsoever 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:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings or profits;
e) loss of goodwill; or
f) any indirect or consequential loss.
Subject to the provisions of this clause as set out above, 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 Product to which that liability relates.
Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the 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. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes and any losses which arise as a result of them not being suitable or your failure to use them in accordance with any manufacturer instructions. Any information provided by Us to you is provided on the basis of the information which you provide to Us and shall be used as guidance only. Furthermore, We advise that you take the advice of an expert prior to purchasing any Products from Us where you have any specific requirements.
|11. Our Liability If You Are A Consumer (This clause does not apply if you are a business)
If We fail to comply with these Terms, We are not responsible for any loss or damage that is not direct, is purely economic in nature or is not foreseeable. If there are special circumstances applicable to your order you should specify them in writing with your order and We will consider their effect in deciding whether and on what terms to accept your order. Subject to the provisions of this clause as set out above, 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 Product to which that liability relates.
We only supply the Products 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.
Save as expressly set out in this clause below, Our liability to you for breach of these Terms or otherwise in relation to an order will not exceed the price of that order unless We agree otherwise in relation to a specific order. We do not in any way exclude or limit our liability for
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the 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. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes and any losses which arise as a result of them not being suitable or your failure to use them in accordance with any manufacturer instructions
Any information provided by Us to you is provided on the basis of the information which you provide to Us and shall be used as guidance only. Furthermore, We advise that you take the advice of an expert prior to purchasing any Products from Us where you have any specific requirements.
|12. Communications between you and Us
When We refer, in these Terms, to "in writing", this will include e-mail. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at firstname.lastname@example.org or by pre-paid post to Unit 5 Dewhurst Row, Preston, PR5 6SW. We will confirm receipt of this by contacting you in writing, normally by e-mail to the details provided to Us in the order process. If We have to contact you or give you notice in writing for any reason, We will do so by e-mail or by pre-paid post to the address you provide to Us in your order.
If you are a business, please note that any notice given by you to Us, or by Us to you, will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three (3) 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.
|13. Intellectual Property
The content of Our Site and any material that We send to you or that you download from Our Site are Our copyright. Our material also includes both word and logo trade marks. You are permitted to download and print material from Our Site provided that this is for your personal use only. You may not reproduce or use the material for commercial use. You are not permitted to make copies of, distribute or alter these materials in any way or otherwise use any material on Our Site.
|14. Other Important Terms
We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
Where We are prevented from performing Our obligations under these Terms by an event beyond Our control, including bit limited to any act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, failure of Our computer systems or third party suppliers, We shall be granted a reasonable extension of time in which to comply and shall for the avoidance of doubt have no liability arising out of or in connection with such delay.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by English law. This means a Contract for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction.