Terms & Conditions of Supply
This page (together with the documents expressly referred to on it) tells you about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website at www.venomcomms.com ("our site") to you, in your capacity as a consumer. The supply of Products to you is strictly not for commercial or business use or resale.
These Terms will apply to any contract between us for the sale of Products to you ("Contract") and replace any previous terms and conditions we may have uploaded to our site. Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
Please tick the relevant checkbox when prompted to confirm you accept the terms and conditions. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1 We operate the website and own the domain name www.venomcomms.com. We are Venom Communications, a company registered in England and Wales under company number 7348629. Our registered office is: Venom Communications, Solution House, Sandon Road, Therfield, Hertfordshire, SG8 9RE. Our VAT number is 103038763
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are dispatched to order. We will inform you by e-mail as soon as possible if we are unable to process your order.
3. Use Of Our Site
3.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How We Use Your Personal Information
5. Consumer Rights
5.1 As a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If You Are A Business Customer
This clause 6 only applies if you are a business, purchasing the Products for internal use and not for resale.
6.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7. How The Contract Is Formed Between You & Us
7.1 To place an order on our site, simply click on the design of your choice, select the colour and format that you prefer, and click the "Add to Basket" button. When you have finished shopping, click the "Go to my Basket" button and follow the instructions.
7.2 Our 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 page of the order process.
7.3 After you place an order, you will either receive an e-mail from us acknowledging that we have received your order, or a page will be generated on our website, acknowledging your order. Please either print or note carefully the details of that page. 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 clause 7.4.
7.4 Our acceptance of your order will be generated when our carrier sends you an email containing the tracking details of the parcel containing your order, and confirming that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If we are unable to supply you with a Product, for example if an item is out of stock or because of an error in the price on our site as referred to in clause 12.4, we will inform you of this by e-mail and we will not process your order. If we are able to, we will offer you the nearest alternative or if you would prefer, we will refund you the full amount as soon as possible, if you have already paid for the Products.
8. Our Right To Vary These Terms
8.1 We reserve the right to revise these Terms from time to time.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the bottom of this page.
9. Your Cancellation & Refund Rights As A Consumer
9.1 The Consumer Protection (Distance Selling) Regulations 2000 will apply to any Contract formed through our site where you are a consumer. These regulations entitle consumers to cancel an order during the period set out in clause 9.2 below, and receive a refund. Advice about your right to cancel is available from your local Citizens' Advice Bureau.
9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day you receive the Products.
9.3 To cancel a Contract, please put your details in writing to us as set out in our Returns Policy. You may wish to keep a copy of your cancellation notification for your own records.
9.4 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.2. If you returned the Products to us because they were faulty or mis-described, please see clause 9.5.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will either offer you a replacement Product or refund the price of a defective Product in full and any reasonable costs you incur in returning the item to us.
9.6 We will refund you on the credit card or debit card used by you to pay.
9.7 If the Products were delivered to you:
9.7.1 you must return the Products to us as soon as reasonably practicable;
9.7.2 unless the Products are faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us;
9.7.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 17.2 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or to the relevant delivery depot, in which case, please contact us to rearrange delivery, or if returned to depot, please contact the details given on the note.
10.4 The Products will be your responsibility from the point at which we first attempt delivery, whether you take delivery or not.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11. International Delivery
11.1 If you order Products from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. Price Of Products & Delivery Charges
12.1 The prices of the Products will be as quoted on our site or in our catalogue from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.4 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or if relevant, a manufacture confirmation.
12.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our FAQ Page.
12.4 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products or delivery costs detailed on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.4.1 where the Product's correct price or the delivery charge is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or send them to you at the incorrect (lower) price; and
12.4.2 if the Product's correct price or the delivery charge is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or amending your delivery specification (if the mispricing relates to delivery charges), 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.
12.5 We may from time-to-time offer discount vouchers as a result of your purchase of Products from our site. All such vouchers are personal to the person who placed the order and are strictly non-transferrable. We will not honour any discount voucher codes which were not provided by us to you directly.
12.6 We may from time to time offer discounts on delivery charges. For more specific terms which relate to these discounts, please refer to our Promotional Terms and Conditions. Please note that in placing an order which takes advantage of such a discount you are agreeing to the Promotional Terms and Conditions in addition to the Supply Terms and Conditions.
13. How To Pay
13.1 You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14.1 By entering a competition with us you are agreeing that you are 18 years old or over.
14.2 Only one entry per person is permitted.
14.3 Entries will only be accepted through our site. Any entries made by telephone, post or email will not be considered.
14.4 All winners will be notified by email and/or telephone within 24 hours of the competition ending. Failure by you to respond such a notification within 48 hours will result in another winner being chosen.
14.5 The prize is non-refundable and non-exchangeable. We reserve the right to provide a substitute prize of similar value, should the prize become unavailable due to reasons beyond our control.
14.6 We will endeavor to send prizes with 5 working days of the competition end date but cannot guarantee this delivery time.
14.7 We reserve the right to cancel or amend the competition and/or competition rules without notice.
14.8 Entry constitutes acceptance of these Terms as final and binding. Entries not in accordance with these Terms will be disqualified.
14.9 We reserve the right to use your personal details for promotion and publicity activity. By entering a competition you consent to the use of your personal data in this way.
15. Our Liability If You Are A Business
This clause 15 only applies if you are a business customer, purchasing the Products for internal use and not for resale.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
1.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever 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:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, 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 paid for the Products.
15.5 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.
16. Our Liability To You As A Consumer
This clause 16 only applies to you if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of our breach or if they are contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the Products 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.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 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
16.3.5 defective products under the Consumer Protection Act 1987.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of utilities services or public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. Communications Between Us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 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 or by pre-paid post to the Venom Communications Limited at the address given above and/or enquiries__AT__venomcomms__DOT__com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 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 website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter (if posted using first class post and you are in the UK) or 10 days after the date of posting (if you are outside the UK). 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.
19. Other Important Terms
19.1 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.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 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.
19.4 If any court or competent authority finds that any provision of a Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
19.5 If any invalid, unenforceable or illegal provision of a Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19.6 A waiver of any right or remedy under a Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
19.7 If you are a consumer, please note that 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 that the courts of England and Wales will have exclusive jurisdiction, however we reserve the right to bring proceedings against customers in the countries of their residence.
19.8 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales; however we reserve the right to bring proceedings against customers in the countries of their residence.
Page amended 31/05/2013