TERMS AND CONDITIONS FOR SALE OF GOODS
Effective Date: 16/11/2016
1.1 This website is owned and operated by Generator Guru Limited. Our company information is at the end of this document.
1.2 Please read these terms and conditions carefully. They apply when you buy any goods via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3 You are not eligible to buy any goods via this site if:
a) you are under 18 years of age; or
b) you are a Consumer, meaning an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession; or
c) it is unlawful for you to buy or use the goods in, or import them into, your country.
1.4 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.5 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases occurring after the effective date shown.
2.1 The goods we sell via this site are dangerous. It is your responsibility to ensure that the goods are installed, used, repaired and maintained only:
a) in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and
b) by persons with the appropriate level of training, qualifications, skill and experience (“Professionals”).
2.2 If we provide any advice relating to the goods, whether verbally, on our website or otherwise, this is intended only as general guidance for Professionals only and it must not be relied upon by any person who is not a Professional.
3. Minor variations in goods
3.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. However, you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on our website.
3.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
4. Your order
4.1 Your order is an offer to buy from us.
4.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
4.3 If you are buying a part, you must carefully check the product information and images to ensure that it matches the part that you are replacing. You acknowledge that the part may a compatible, .i.e., not from the original manufacturer. Any “OEM” numbers used are for identification purposes only and these do not imply that the part is an OEM product.
4.4 We accept your offer if and when we send you an email confirming your order.
4.5 We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
5. Payment and price
5.1 Payment is in advance by the means stated on our payment page. Despatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 All prices are charged in GBP (£). The currency converter on our website is for information only and may not reflect the exchange rates or charges made by your bank or credit card company. It is your responsibility to check any exchange rates and charges with your bank or credit card supplier. We are not responsible for such charges.
5.3 Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. Unless otherwise stated on our site, VAT is not included in the price shown and must be paid in addition if applicable. We may change the amount of VAT charged if the VAT rate changes unless you have paid in full for the goods by the date of the rate change.
5.4 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. See further under “Delivery” below.
5.5 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
5.6 You must contact us immediately with full details if you dispute any payment.
5.7 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email) and/or charge interest at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Discount codes
6.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
6.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
7.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
7.2 We have no liability for any losses arising from delay in delivery.
7.3 Delivery time frame and courier are as selected by you. Estimated delivery times are as set out on the courier’s website with a maximum of 30 days from date of dispatch in the case of mainland countries. Claims for lost items cannot be made before 30 days for all couriers unless the item is damaged or has a tracking number from a priority service. (You acknowledge that only priority delivery services have a tracking number.)
7.4 It is your responsibility to ensure that an authorised person is available to receive delivery of the goods. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery assuming this option is available. You are responsible for any additional courier charges.
7.5 You are liable for any losses arising from supply by you of an incorrect delivery address including liability for payment of the courier charges involved in returning the package to us or to a new address provided by you. You acknowledge that such services are only available on tracked courier services and not via the postal service.
7.6 If you provide a P.O. Box delivery address but the delivery service you have selected does not deliver to P.O. Box addresses, we reserve the right to replace the delivery service with one which does deliver to such addresses. You are liable for any additional if the price for the new delivery method price exceeds the delivery charge paid. You also acknowledge that there may be a delay in delivery if the replacement delivery service has a longer delivery time.
7.7 We will endeavour to send your order from the closest location possible. If this is outside your delivery country, your order may be subject to additional customs or import duties or taxes which may be applied to your order by the relevant authorities via the relevant delivery service and such charges may need to be paid before the package can be released to you. We recommend that you check with your local customs office in advance. You acknowledge that you are responsible for paying such charges, which are not included in our delivery charge. You are also liable to pay any further delivery charges arising from return of the package to us because you have failed to pay the applicable taxes / duties and for re-delivery to you, if applicable.
7.8 You must inspect all goods immediately on receipt. You must not sign for the package if it appears to be damaged without carefully checking the contents first. Failing to comply with the foregoing may invalidate any claim by us against the couriers and you are liable to us for any losses that we suffer as a result.
7.9 You must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice or if you install, fit or alter such goods, they shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.
8. Risk and ownership
8.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
8.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. You must identify the goods as ours and keep them separate from your other goods until ownership passes.
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
9.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
9.3 Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
9.4 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
9.5 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
9.6 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
9.7 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
10. Events outside our control
10.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
11.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy https://www.generatorguru.com/privacy-cookies-policy/ which is subject to change from time to time.
12. English law
12.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
13.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
14.1 If you have any complaints, please contact us via the contact details shown below.
15. Company information
15.1 Company name: Generator Guru Limited
15.2 Country of incorporation: England and Wales.
15.3 Registered number: 07490114
15.4 Registered office: 4th Floor, Park Gate, 161-163 Preston Road, Brighton, East Sussex, UK, BN1 6AF
15.5 Main trading address: Unit 3 Southern Cross Workshops, Freemans Road, Portslade, East Sussex BN41 1SL
15.6 Other contact information: See our website.
15.7 VAT number: GB139 1147 21
Generator Guru is a Registered Trademark. Copyright 2017 Generator Guru ltd VAT No. 139 1147 21. E&OE.