BACKGROUND:
This agreement applies as between you, the User of this Website or Purchaser and Norrscope Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No order shall become binding upon Norrscope Limited until the seller has expressly acknowledged it in writing or an invoice has been issued by the seller.
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 Website;
“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 Website;
“Goods”
means any products that Norrscope Limited advertises and / or makes available for sale through this Website;
“Payment Information”
means any details required for the purchase of Goods from this Website or offline. 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 the seller
“Buyer”
means the person who buys or agrees to buy the Goods from the Seller
“Seller”
means Norrscope Ltd.
“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
“System”
means any online communications infrastructure that Norrscope Limited makes available through the Website 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 Website and is not employed by Norrscope Limited and acting in the course of their employment; and
“Website”
means the website that you are currently using (www.norrscope.com) and any sub-domains of this site e.g Different Category pages unless expressly excluded by their own terms and conditions.
2. Sale Basis
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any Quotation which is accepted by the Buyer or any Order which is accepted by the Seller, subject in either case to these Conditions, which shall govern all Contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all and any other terms and conditions including (without limitation) any terms or conditions which the Buyer may purport to apply under any acceptance of a Quotation or under any Order or similar document.
2.2 All Orders shall be deemed to be an offer by the Buyer to purchase Goods according to these Conditions.
3. International Customers
If Goods are being ordered from outside the UK, import duties and taxes may be incurred once the Goods reach their destination. Norrscope is not responsible for these charges (DDU) and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Norrscope Limited gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Norrscope Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so.
5. Third Party Intellectual Property
5.1 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 as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Norrscope Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1. obscene or vulgar language must not be used;
9.1.2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3. Content that is intended to promote or incite violence must not be submitted;
9.1.4. it is advised that submissions are made using the English language(s) if possible as we may be unable to respond to enquiries submitted in any other languages;
9.1.5. the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6. Users must not impersonate other people, particularly employees and representatives of Norrscope Limited or our affiliates; and
9.1.7. our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
9.2. You acknowledge that Norrscope Limited reserves the right to monitor any and all communications made to us or using our System.
9.3. You acknowledge that Norrscope Limited may retain copies of any and all communications made to us or using our System.
9.4. You acknowledge that any information you send to us through our System or post on the site may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10. Accounts
10.1. In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
10.1.1.all information you submit is accurate and truthful;
10.1.2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11. Termination and Cancellation
11.1 A Buyer may cancel any order before acceptance by the Seller and within 24 hours after the Seller’s acceptance by giving written notice to the Seller. Otherwise, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller (in its sole discretion) and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. If the Buyer fails to settle such indemnity forthwith, the Seller may enter any premises owned occupied or controlled by the Buyer or any third party and repossess goods.
11.2 The Seller reserves the right to cancel any Contract at any time before delivery by notice to the Buyer. The Seller shall have no liability to the Buyer in the event of any such cancellation save to refund any deposit already paid.
11.3. The seller or a user may terminate an Account. If the seller terminates your Account, you will be notified by email and an explanation for the termination will be provided. Not withstanding the foregoing, we reserve the right to terminate without giving reasons.
11.4 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification), and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
12. Payment
12.1. Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Norrscope Limited.
13. Goods, Pricing and Availability
13.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Norrscope Limited correspond to the actual Goods, Norrscope Limited 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 16.1 for incorrect Goods.
13.2. Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3. Norrscope Limited does not represent or warrant that such Goods will be available. Lead times are only advisory and only an accurate lead time will be produced on receipt of order. Norrscope cannot not be held financially responsible for lead variations post order due to manufacturing tolerances.
13.4. All pricing information on the Website is correct at the time of going online. Norrscope Limited 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 every month.
13.5. In the event that prices are changed during the period between an order being placed for Norrscope Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
13.6. All prices do not include VAT.
13.7. Unless stated in writing by the Seller to the contrary, Prices do not include packing, insurance and delivery which will be charged extra. Inland freight costs from source to our depot and handling will be charged where applicable. For example where purchaser arranges goods collection. Whilst every effort is made to provide accurate freight costs, occasionally goods may arrive larger than anticipated due to variable packing, excess packing required for transportation e.g pallets or other. In such an event the purchaser will cover the entire freight cost, inclusive of additional monies due.
13.8. Excess delivery charges resulting from methods of despatch nominated by the Purchaser will be charged to the Purchaser.
13.9. We will supply all documentation requested, documents that incur costs will be charged for example Chamber of Commerce attested and some Conformity certificates. We can only supply documents that are provided requests for documents that are not produced, the nearest available will be supplied.
14. Property, Risk and Account of Profits
14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Norrscope Limited. Title remains with Norrscope Limited until payment is complete.
14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Norrscope Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Norrscope Limited remains outstanding, the Purchaser must account to Norrscope Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Norrscope Limited until payment has been received in full by Norrscope Limited.
14.3 Norrscope Limited reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Norrscope Limited has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of Norrscope Limited
14.4 Force Majeure. Norrscope Limited is not liable for delays or none performance and other costs incurred, for failure to perform the terms of the Agreement when execution is hindered or prevented by interference by any Government Authority or other causes (terrorist acts, component shortages, power/fuel disruption, wars and civil unrest). Making the transaction commercially non-viable, illegal, or impossible. Factors beyond the reasonable control of Norrscope. For example; goods purchased on behalf of the buyer that cannot be exported. Non-refundable costs will be charged (product, administration & transportation). Refundable costs will be credited to the purchaser by Norrscope.
15. Delivery
Norrscope Limited 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.
If Norrscope Limited receives no communication from you, within 30 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.
16. Returns Policy
Norrscope Limited 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.
16.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange return. Norrscope Limited is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with 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 our receipt of the returned Goods.
16.2. If any Goods purchased have faults when they are delivered, the Purchaser should contact Norrscope Limited within 28 working days to arrange return.Norrscope Limited 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, will be refunded through the payment method used when the Goods were purchased.
16.3. If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
16.4. If Goods are damaged in transit and the 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 Norrscope for review. For overseas shipments buyer should take out freight insurance. Norrscope Limited is not responsible for paying shipment costs or for goods damaged in transit that are not insured.
16.5. If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Norrscope 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 Norrscope Limited. Restocking fees maybe applicable. The Purchaser is responsible for paying shipment costs if Goods are returned.
16.6. .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:
16.7.1. Any use or enjoyment that you may have already had out of the Goods;
16.7.2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.7.3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
16.7.4 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.
16.7.5 Damage caused by user to goods invalidates any return rights.
Such discretion to be exercised only within the confines of the law.
17. Privacy
17.1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
18. Disclaimers
18.1. Norrscope makes no warranty or representation that the Website 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.
18.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4. Whilst Norrscope Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
Norrscope Limited reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions. If Norrscope Limited 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.
20. Availability of the Website
20.1. 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 the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2. Norrscope Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
21.1. To the maximum extent permitted by law, Norrscope Limited 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 Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
21.2. Nothing in these Terms and Conditions excludes or restricts Norrscope Limited’s liability for death or personal injury resulting from any negligence or fraud.
21.3. 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 and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
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 or remedy.
23. 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.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Norrscope Limited.
25. Notices
25.1. All notices / communications shall be given to us either by post to our Premises by email .. 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.
25.2. Norrscope Limited may from time to time send you information about our products and/or services. If you do not wish to receive such information, please email sales@norrscope.com
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Norrscope Limited shall be governed by and construed in accordance with the Law of England and Wales and Norrscope Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.