Terms and conditions
These terms are subject to change
TERMS & CONDITIONS
1. Interpretation
In these Conditions:
a) ‘BUYER’ shall mean you.
b) ‘SELLER’ shall mean the Financial Ombudsman Service Limited (registered in England under number 3725015)
c) ‘CONDITIONS’ shall mean the terms and conditions set out in this document.
d) ‘CONTRACT’ shall mean the contract you enter by placing an order for the purchase of Goods or Services as the case may be
e) ‘SPECIFICATION’ shall mean the specification pertaining to the Goods as published and amended from time to time by the Seller
f) ‘GOODS’ shall mean the Goods in whole or in part, available from the seller from time to time and as published at the time of order
g) ‘SERVICE’ shall mean the service to be provided by the Seller if so required for the performance of the contract and as published at the time of order
h) ‘INFORMATION’ shall mean any data, script, communication, details written or verbal that enables the seller or the buyer to perform the contract
i) ‘PRICE’ shall mean the total cost for the goods or services payable to the Seller
j) ‘WRITING’ includes facsimile transmission, e-mail and comparable methods of communication.
k) ‘ECOMMERCE WEB PLATFORM, WEBSITE OR SITE’ shall mean the order system provided by the Seller for the Goods and Service, generally found at the address; http://payments.financial-ombudsman.org.uk
1.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods or the Service at the Price and subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations in respect to the Goods or the Service unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not otherwise confirmed. For the purpose of this clause the Buyer agrees to provide information on such representation to the Seller before or at the time the contract is enter into.
2.4 The Seller may at any time and without notifying the Buyer make any changes to the Goods or Service which are necessary to comply with any applicable law or statutory requirements, or which do not materially affect the nature or quality of the Service.
3 Orders and Specifications
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of any information submitted by the Buyer. The Buyer shall be responsible for giving the Seller information relating to the Goods and Service within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 The Seller shall be responsible to the Buyer for ensuring the accuracy of any information, pricing and specifications published by the Seller, notwithstanding the ritght of the Seller to amend any such information from time to time.
3.4 All copyright and other intellectual property rights in respect to goods or services supplied by the Seller shall belong to the Seller. Any other rights shall remain the property of the respective owner.
4 Price of the Goods and any Service
4.1 The price of the Goods and any Service shall be the Seller’s published price for the Goods or Services at the time of placing an order.
4.2 The price shall include Value Added Tax unless the Buyer provides relevant information on its exemption from VAT or the goods and services are itself exempt from VAT.
4.3 The price expressly excludes any applicable taxes other than VAT, any customs and import fees and any other additional charges outside of the control of the Seller.
4.4 The Seller reserves the right by giving notice to the Buyer to change, vary or amend the price of the Goods or Service due to reasons beyond the Seller’s control. Reasons may include but shall not be limited to any foreign exchange fluctuation, currency regulation, alteration of duties and tax rates, significant increase in the costs of labour, materials or other costs of manufacture.
4.5 The Seller shall be entitled to reasonably increase the price for the Goods or Service to the Buyer in the event that the buyer provides incorrect information or request any change in information already provided by the Buyer, or any delay caused by the information given by the Buyer.
5 Terms of Payment
5.1 The Buyer shall pay the price to the Seller in cleared funds at the time of order unless otherwise agreed in writing by the Seller.
5.2 The time of payment of the price shall be of the essence of the Contract.
5.3 In the event that a price subject to clause 4.5 has been increased after payment for the original price has been made, the payment of this increased price shall be the essence of the contract.
6 Data Security
6.1 All financial data collected by the Seller or as the case may be the payment provider, is stored, transmitted and processed in accordance with PCIDSS level 1 (Payment Card Industry Data Security Standard) certification or higher.
6.2 Non-financial personal data, such as names and addresses used to manage client accounts is stored on an encrypted and password protected system.
6.3 By entering this contract the Buyer consents to the Seller processing the Buyer’s data for legal, personal, administrative and management purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998). The Buyer agrees that the Seller may make the Buyer’s personal details available to regulatory authorities and governmental organisations as required by law. The Seller hereby agrees that the Buyer’s data will not be made available to any third party or for any other reasons than the performance of the contract
7 Delivery and Performance
7.1 Delivery of the Goods or Service shall be made by the Seller in accordance with these conditions and the information provided by the Buyer.
7.2 In the event that the information provided by the Buyer conflicts with these conditions, the conditions shall prevail.
7.3 The Seller shall endeavour to make Delivery of standard products within 3 business days from the date of the contract. In the event of early performance of the contract the Seller shall endeavour to give reasonable notice to the Buyer.
7.4 Time for delivery shall not be of the essence of the Contract.
8 Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
9 Cookies Policy
9.1 The cookies used on the Seller’s ecommerce web platform are within the parameters delineated by the amended Privacy and Electronic Communications regulation which came into force in the UK and EU on 26th May 2012.
9.2 The Seller’s cookies policy follows the guidance within the regulation, protecting users online privacy by making users aware of how information about them is collected by cookies when they visit the Seller’s site.
9.3 The regulation requires that websites inform users about any use of cookies including but not limited to the following;
a) informing the user that cookies exist on their site, and;
b) informing the user what the role of the cookies on the site is, and;
c) providing the user with specific measures to obtain consent in order to store cookies on their computer or similar device
d) block use of cookies until users have given their positive agreement for cookies to be used.
10 Warranties and Liability
10.1 Subject to the conditions set out below the Seller warrants that the Goods will be of the specification at the time of delivery. The Seller also warrants to the Buyer that the Service will be provided using reasonable care and skill in accordance with any specification.
10.2 The above warranty is given by the Seller subject to the following conditions:
a) The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence other than that of the Seller, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;
b) The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods or the Service has not been paid by the due date for payment;
c) The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
10.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
10.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or the quality of the Service or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified and returned to the Seller within 30 days from the date of delivery of the Goods or completion of the Service or (where the defect or failure was not apparent on reasonable inspection) within 30 days after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods or the Service and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods or the Service had been delivered and supplied in accordance with the Contract.
10.6 Where any valid claim in respect of any of the Goods or the Service which is based on any defect in the quality or condition of the Goods, the quality of the Service or their failure to meet the specification is notified to the Seller in accordance with these Conditions the Seller shall be entitled to replace the Goods (or the part in question) or re-perform the Service free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods and the Service (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
10.7 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer or the supply of any Service, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods and the Service, except as expressly provided in these Conditions.
10.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods or the Service, if the delay or failure was due to any cause beyond the Sellers’ reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
a) Force majeure, explosion, flood, tempest, fire or accident;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees o The Seller or of a third party);
f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
g) power failure or breakdown in machinery.
10.9 The Seller shall have no liability to the Buyer for any loss, damage, costs, expenses or other claims for compensation arising from any information supplied by the Buyer which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Buyer.
11 General - Site Usage and Accuracy of Content
11.1 The Seller endeavours to ensure that its ecommerce web platform is available 24 hours a day, but accepts no liability if for any reason the site is unavailable for any period of time nor does the Seller make representations or give warranty on availability.
11.2 Access to the site may be suspended temporarily or permanently and without notice.
11.3 The Seller endeavours to make sure that the information on website is correct, and that it represents our position at the time it is put on the site. But we do not give any express or implied warranty as to its accuracy. We do not accept any liability for error or omission. We are not liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from:
a) use of this site (or from the inability to use the site), or;
b) any material contained in it, or;
c) any action or decision taken as a result of using this site (or any material contained in it).
11.4 Unless otherwise stated, the Seller owns the copyright and any other rights in all the material on this site. You may download and print extracts from this site for personal use. But you must not modify text, graphics or documents in any way – or use them in a misleading context.
11.5 By accessing any part of this site, you will be deemed to have accepted in full these terms, which are governed by, and interpreted in line with, English Law.
12 General - Site Usage and Accuracy of Content
12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
12.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.4 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.