It is important that you read these Terms & Conditions carefully before placing your order as this constitutes the contract between us when you use our website in any way or buy goods from our website and you are agreeing to be bound by them.
We reserve the right to change the terms listed here. Should we do so, the terms on this website on the day you place your order are those which will apply to your order.
These terms and conditions are the contract between you and Essex Engineering Works (Wanstead) Limited registered in England No. 00545910 (hereafter referred to as “Essex Engineering”, “us”, “we”, “our” etc. Our registered and trading office is 12 Nelson Road, Wanstead, London E11 2AX.
Please read this agreement carefully and save it. If you do not agree with it, you should leave the website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier” : means any person or business contracted by us to carry Goods from us to you.
“Consumer” : means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” : means any content in any form published on our website by us or any third party with our consent.
“Goods” : means any of the goods we offer for sale on our website, or, if the context requires, goods we sell to you.
“Our website” : means any website of ours, and includes all web pages controlled by us.
"Post" : means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on to our website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. reference to a person is a reference to one or more individuals, whether or not formally in a partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. By placing an order through our site you warrant that you are at least 18 years of age and are legally capable of entering into a binding contract. In addition, that all information you provide is complete, true and accurate.
3.3. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.4. If you use our website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.5. We do not guarantee that Goods advertised on our website are available at all times. We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods.
3.6. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.7. If in future, you buy Goods from us under any arrangement which does not involve your payment via our website; these terms still apply so far as they can be applied.
3.8. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is placed as soon as you click the ‘Submit’ button at the end of the checkout sequence.
4.2. You will receive an order acknowledgement by email from us confirming details of your purchase. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods.
4.3. We will make every effort to comply with the detail of the order, but if, due to circumstances beyond our control, we are unable to meet all requirements, no claim can be made upon us.
4.4. If we do not have all of the Goods you order in stock or we are unable to accept your order for any reason, we will contact you as soon as possible. In the event of insufficient stock, we will offer you alternatives. If this happens you may:
4.4.1 accept the alternatives we offer;
4.4.2 cancel all or part of your order.
4.5. Your order is accepted once we have received full payment from you.
5. Price and payment
5.1. The Price is as set out in the order.
5.2. It is possible that the price may have increased from that posted on our website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices quoted on this website are in Pounds Sterling and include UK value added tax (“VAT”).
5.4. You must pay us the full price of your order before we will send it to you.
5.5. By using a credit/debit card to pay for your order, you confirm that the credit card being used is yours or that you are authorised to use it.
5.6. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Should the card issuer refuse to authorise the payment we will be unable to process your order.
5.7. We are not liable to inform you of a refusal and cannot be held liable for the products not being delivered to you.
5.8. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.9. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our website before we ask you to pay.
5.10. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as is reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your debit or credit card
We take care to make Our website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use the online payment service provider Stripe who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to process your payment via the phone, we will write down your credit/debit card details before shredding immediately after the payment has been accepted. We do not store your payment details.
7. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1. We now inform you that technical information relating to our Goods is not in this document but in our marketing material, whether that is in the medium of Our website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.1 Orders placed before 12 noon will be packed and despatched to you that day. Once the goods have been given to our carrier and left our premises we are unable to recall them.
7.2.2 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, provided the Goods have not left our premises. You will have no obligation and we will return your money.
7.2.3 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel by emailing us at enquiries@essexengineering.co.uk as soon as possible or by completing the Cancellation Form at the end of this agreement. We cannot accept any returns or orders if you have not notified us in advance.
7.2.4 We will return your money subject to the following conditions:
7.2.4.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
7.2.4.2 you comply with our procedure for returns and refunds. We recommend using a carrier or recorded delivery service for a return as we cannot be liable for any goods sent by you. We cannot return your money unless we know who sent them.
7.3. The option to cancel your order is not available:
7.3.1 Where products have been specifically manufactured for your order. Where this applies it is clearly stated on all our individual product information. You must therefore be sure that the product is the correct type and size for your requirement.
7.3.2 If the Goods are mixed with other goods so that we cannot identify or easily separate them.
7.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5. If, after inspection, we deem the goods are not faulty, have been used or are not in their original condition in any way, you will not be refunded.
7.6. If the above conditions have been met we will return your money within 14 days by refunding the credit / debit card used for the purchase
8. Liability for subsequent defects
8.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the unused Goods, we shall assume that you have accepted them.
8.2. The procedure to return the unused, faulty Goods is as follows:
8.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than one month from receipt by you.
8.2.2 please follow the Returns procedure provided on our website.
8.3. We will return your money subject to the following conditions:
8.3.1 we receive the Goods with labels and packaging intact.
8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4. If any defect is found, then we shall:
8.4.1 repair or replace the Goods, or
8.4.2 refund the full cost you have paid including the cost of returning the Goods.
9. Delivery and pick up
9.1. Our Delivery terms are given on our website.
9.2. Goods are delivered in 2-3 working days from the day you place an order to purchase the Goods.
9.3. Deliveries will be made by Carrier or by Royal Mail to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.4. If we are not able to deliver your Goods within 2 working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.5. If the Goods are not all available at the same time for delivery we will contact you and either offer you an alternative date of dispatch or the opportunity to cancel the order and place it again in the future. We will not deliver the Goods in instalments.
9.6. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
9.7. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.8. Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.9. With the exception of Goods being damaged in transit, refusal of delivery will incur a minimum unauthorised return charge of £15.
9.10. Delivery days are an estimate only and cannot be guaranteed. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.11. We are happy for you to collect Goods from our premises provided you make an appointment in advance and payment has been received into our bank, or a debit/credit card is given in payment before the Goods are handed to you. A cheque on arrival is not acceptable.
9.12. If you pick up Goods from our premises then:
9.12.1 we will not be able to assist you in loading heavy items;
9.12.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our premises;
9.12.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
10. Foreign taxes and duties
10.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
11. Goods returned
These provisions apply if you buy from us as a Business. The following rules apply to return the faulty Goods:
11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
11.3. So far as possible, Goods should be returned:
11.3.1 with both Goods and all packaging as far as possible in their original condition;
11.3.2 securely wrapped;
11.3.3 including our delivery slip;
11.3.4 at your risk and cost.
11.4. You must tell us by email message to enquiries@essexengineering.co.uk that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.5. In returning faulty Goods please enclose with it a note clearly stating the fault.
11.6. If we agree that the Goods are faulty, we will:
11.6.1 refund the cost of return carriage;
11.6.2 repair or replace the Goods as we choose.
11.7. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12. Disclaimers
12.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
12.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3. We make no representation or warranty for:
12.3.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.3.2 the adequacy or appropriateness of the Goods for your purpose.
12.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
12.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
12.6. We shall not be liable to you for any loss or expense which is:
12.6.1 indirect or consequential loss; or
12.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
12.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
12.8. If you become aware of any breach of any term of this agreement by any person, please tell us by writing to us at Nelson Road, Wanstead, London E11 2AX. We welcome your input but reserve the right to our own judgement.
12.9. Nothing in this agreement excludes liability for a party's fraud.
13. Your account with us
13.1. You agree that you have provided, and will continue to provide accurate, up to date and complete information about yourself. We need this information to provide you with the Goods.
13.2. If you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Restrictions on what you may Post to Our website
You agree that you will not use or allow anyone else to use our website to post content which is or may:
14.1. be malicious or defamatory;
14.2. consist in commercial audio, video or music files;
14.3. be illegal, obscene, offensive, threatening or violent;
14.4. be sexually explicit or pornographic;
14.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
14.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
14.7. solicit passwords or personal information from anyone;
14.8. be used to sell any goods or services or for any other commercial use;
14.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
14.10. link to any of the material specified above, in this paragraph.
14.11. send age-inappropriate communications or Content to anyone under the age of 18.
15. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
15.1. hyperlinks, other than those specifically authorised by us;
15.2. keywords or words repeated, which are irrelevant to the Content Posted.
15.3. the name, logo or trademark of any organisation other than yours.
15.4. inaccurate, false, or misleading information.
16. How we handle your Content
16.1. Our Privacy Policy is strong and precise. It complies fully with current UK law incorporating the General Data Protection Regulation (GDPR).
16.2. If you Post Content to any public area of Our website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
16.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
16.4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
16.5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
16.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.7. Please notify us of any security breach or unauthorised use of your account.
17. Removal of offensive Content
17.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our website for any purpose.
17.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
17.3. If you are offended by any Content, the following procedure applies:
17.3.1 Your claim or complaint must be submitted to us in writing – by post or by email.
17.3.2 we shall remove the offending Content as soon as we are reasonably able;
17.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
17.4. We may re-instate the Content about which you have complained or not.
17.5. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18. Security of Our website
If you violate our website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
18.1. modify, copy, or cause damage or unintended effect to any portion of Our website, or any software used within it.
18.2. link to our website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
18.3. download any part of our website, without our express written consent;
18.4. collect or use any product listings, descriptions, or prices;
18.5. collect or use any information obtained from or about our website or the Content except as intended by this agreement;
18.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our website, other than as permitted by this agreement or as is reasonably necessary for your use of our website;
18.7. share with a third party any login credentials to our website.
18.8. Despite the above terms, we now grant a licence to you to:
18.8.1 create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.8.2 you may copy the text of any page for your personal use in connection with the purpose of our website.
19. Indemnity
You agree to indemnify, defend and hold us, our directors, employees and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs, and expenses, including reasonable legal fees, arising directly or indirectly from:
19.1. your failure to comply with the law of any country;
19.2. your breach of this agreement;
19.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4. a contractual claim arising from your use of the Goods;
19.5. a breach of the intellectual property rights of any person.
20. Intellectual Property
20.1. We will defend the intellectual property rights in connection with our Goods and our website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
20.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
21.1. If you are not happy with our services or have any complaint then you must tell us by email message to enquiries@essexengineering.co.uk or in writing to Nelson Road, Wanstead, London E11 2AX
21.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
21.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
22. Miscellaneous matters
22.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
22.2. Where we provide goods or services without specific charge to you, then it/they is/are deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
22.3. Sometimes events occur which are completely out of our control and we cannot be held legally responsible if they affect your order e.g. strikes, bad weather affecting road transport, power failures, IT/Technical problems, fire, floods.
22.4. All products will be at your risk from the time of delivery. Ownership will be passed to you once we have received full payment and the Goods have been dispatched.
22.5. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
22.6. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
22.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
22.8. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
22.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
22.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
22.11. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
22.12. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.
23. Notice of right of cancellation: Right to Cancel
Information about your statutory right to cancel
Your right to cancel - Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post (Essex Engineering (Wanstead Ltd) Nelson Road, Wanstead, London E11 2AX) or e-mail on enquiries@essexengineering.co.uk
Please include the following details:-
I/We hereby give notice that I/we cancel my/our contract of sale with the following details:
Order Number:
Ordered on:
Customer name:
Address:
Signature:
Date:
Updated 07/07/2021