Terms & Conditions
These terms and conditions detail the full extent of any agreement reached between you and Positiveworks Limited in connection with the Positiveworks website ("the Site"). You should understand that by placing an order, you accept the following terms and conditions:
- The contract between us
- 1.1 The owner of this web site is Positiveworks Limited whose address is Positiveworks Limited #2, 8 Queens Gate Place, London SW7 5NU
- 1.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
- 1.3 You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site
- 1.4 You agree that e-mail can be used as a long-distance means of communication.
- Price and Payment
- 2.1 The prices payable for goods that you order are as set out in our website www.positiveworks.co.uk. Such prices are inclusive of VAT but exclude delivery charges.
- 2.2 We accept payment by Visa/Mastercard/Switch/Solo/Maestro or any other credit card identified on our site that may be accepted by us from time to time. All credit and charge card payments are subject to validation and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be liable for any non-delivery or delay. Transmission of your debit or credit card number or other data in relation to payment for the goods shall be at your own risk entirely. We do not accept any responsibility or liability for failures in transmission of information, deletion, non-delivery or failure to store any communications by you. If you have any concerns or questions about the safety and confidentiality of your credit card details, please read our FAQ page for more details. We do not accept cheque payments.
- 2.3 You are given a choice of having the goods that you order delivered to you by first class post, by recorded delivery or special delivery. It might not be possible for us to deliver to some locations outside the UK. Our delivery charges are set out in our FAQ section.
- Right for you to cancel your contract
- 3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- 3.2 To cancel your contract you must notify us in writing or by sending an e-mail to firstname.lastname@example.org
- 3.3 If you have received the goods before you cancel your contract then you must send the goods back to us at our contact address below at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. We reserve the right to charge a 15% restocking fee.
- 3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
- 3.5 Nothing in this clause 3 shall affect your statutory rights.
- Cancellation by us
- 4.1 We reserve the right to cancel the contract between us if:
- 4.1.1 we have insufficient stock to deliver the goods you have ordered;
- 4.1.2 we do not deliver to your area;
- 4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
- 4.1.4 you have previously made a claim for non-delivery of goods
- Delivery of goods to you
- 5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
- 5.2 We will endeavour to deliver the goods ordered by you within 30 working days of us accepting your order.
- 5.3 You will become the owner of the goods you have ordered when they have been delivered to you and full payment has been received by us. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
- 5.4 If for any reason (not due to our fault) you do not accept delivery of any of the goods in accordance with condition 5.3 above then we may charge you an additional fee to cover any reasonable additional direct costs consequently incurred by us (including additional insurance, delivery, storage or similar charges).
- 6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contract address of the problem within 7 working days of the delivery of the goods in question.
- 6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
- 6.2.1 to make good any shortage or non-delivery;
- 6.2.2 to replace or repair any goods that are damaged or defective; or
- 6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
- 6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 3 above.
- 6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- 6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Positiveworks Limited, #2, 8 Queens Gate Place, London SW7 5NU and all notices from us to you will be displayed on our website from time to time.
- Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- Intellectual property
All intellectual property including, but not limited to, copyrights, design rights and trade marks in our website including the images and text is and remains the property of Positiveworks Limited
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part(s) of these conditions will not be affected.
- Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (or any amendment or re-enactment thereof) to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
- Entire agreement
- The information we collect and how we use it
When you place an order for goods from this site we need to know your name, postal address, e-mail address, telephone number, credit or debit card details.
We gather this information to allow us to process any orders you may make and deliver any items that you have ordered to you and for our internal marketing information only. The relevant information is then used by us to communicate with you on any matter relating to the conduct of your order.
We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the service and products that we offer. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our service and the products that we provide).
We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, please send us an e-mail message to email@example.com
Telephone calls to our customer helpline may be recorded for monitoring purposes.
We use "cookies" to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
- How we protect your information
The internet is not a secure medium. However we have put in place various security procedures as set out in this policy.
Secured Payment Methods
Positiveworks Limited uses Protx for online payments. Protx provides very high levels of internet and physical security to ensure sensitive information is never compromised, at any stage throughout the order process.
When you place an order with us, your personal and credit card details are secured within 128-bit encrypted sessions before being sent over the Internet, thereby offering the best level of encryption or security possible. This means that you can be rest assured that communications between your browser and this site's web servers are private and secure making it virtually impossible for your card or personal details being used by unauthorised persons.
Your credit card information is never used except to issue refunds. Your card will be charged when you order online.
We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information.
- Sale of business
If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
- Updating your details
If any of the information that you have provided to us changes, for example if you change your e-mail address, address for delivery of the products or payment details, please let us know the correct details by sending an e-mail to firstname.lastname@example.org or by sending a letter to Positiveworks Limited, #2, 8 Queens Gate Place, London SW7 5NU
- Your consent
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data an its use as set out in the policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.
- How to contact us