Terms and Conditions

These terms and conditions form the basis on which you can visit and place orders on our website. Please read them carefully as they contain important information.

General terms and conditions

This website (purple-cat.co.uk) is owned and operated by Purple Cat Ltd, registered in England and Wales no. 4592276. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us on info@purple-cat.co.uk

These terms and conditions do not affect your statutory rights.

1. Interpretation

1.1. In these Conditions the following words shall have the meanings set opposite them: "Carrier" or "Courier" means and (unless the context requires otherwise) includes the carriers servants agents and any person or persons carrying goods on our behalf under any contract of carriage. "Charges" means our charges for supplying and, where appropriate installing and/or maintaining the goods. "Confirmation of Order" means when we confirm our acceptance of your order orally or in writing (whether electronically or otherwise) or when we effect Delivery, whichever occurs first. "Contract" the contract made between you and us for the purchase of goods incorporating these Conditions. "Delivery" means our delivery of the goods to the address you have stipulated in the order or our notifying you that the goods are available for collection. "Goods" means the article(s) that we agree to supply to you pursuant to an order. "Order" means your request for us to supply you with goods in consideration of the charges, which you make by either completing an online order or otherwise requesting the goods that you require. "We", "us" "our" means Purple Cat. "You", "your" means the person firm or corporation that visits or website and/or places an order with us.

2. The contract between us

2.1. The display of Goods on our website constitutes an invitation to treat and is not an offer to sell at the listed price nor is it binding on us.

2.2. Any order you place on our website will constitute an offer capable of acceptance by us. We will not be obliged to accept an order and we reserve the right to refuse an order without giving any reason.

2.3. Each order if accepted by us shall constitute a separate severable contract.

2.4. You may receive one or several emails upon placing an order to acknowledge the receipt of the order and payment. These emails do not consitute acceptance of your order. An acceptance of your order will take place on despatch of the good(s) ordered.

3. Accuracy of content

3.1. We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

3.2. If we find a price has changed or there has been a mistake on our website after you have placed your order and prior to shipping, we will contact you and ask if you wish to proceed with your order.

3.3. We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, graphics or products published in this Website. All liability arising due to any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

4. Charges

4.1. Unless expressed otherwise, our charges shall exclude delivery charges and VAT at the prevailing rate and are correct at the time of entering information.

4.2. Payment may be made by the methods stated on the website at the time of order.

4.3. Payment by credit or debit card are subject to validation checks and authorisation.

4.3.1. By placing an order and paying with a credit or debit card, you authorised us to transmit or to obtain information about you from third parties to authenticate your identity, delivery and billing address and validate your method of payment. This information includes but is not limited to your full name, billing and/or delivery address and card details.
4.3.2. We shall not be liable for any delay in delivery or refusal of an order in the event of a card issuer refusing, for any reason, to authorise or validate a payment.

4.4. Your card payment will be processed by a secure connection at the time you place your order.

4.5. We may submit electronic invoices for your order by sending an e-mail to an address supplied by you.

4.6. Where an order has been placed using a Purchase Order, you agree to pay our charges in accordance with the terms stated on our invoice without deduction or set off. If you fail do so we may, without prejudice to any other right or remedy available to us, charge interest both before as well as after any Judgment on any outstanding balance at the rate of 8% above the Nat West Bank Base Rate until we receive payment in full.

4.7. If you fail to pay us the charges in accordance with this clause 4.6., we may, without prejudice to any other right or remedy available to us, either suspend any delivery or cancel any other contract between us. We can sue for the charges due for any goods that we have agreed to sell to you pursuant to a confirmation of order.

4.8. We will charge your account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details.

5. Delivery charges

5.1. Delivery charges vary according to the type of goods ordered and delivery service chosen, and cannot be refunded.

5.2. Our delivery charges are set out in the 'Delivery' section of our website and during the checkout process.

5.3. It might not be possible for us to deliver to some locations or within a certain timeframe. We reserve the right not to accept orders where we cannot deliver to the specified delivery address.

6. Availability

6.1. All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or telephone. You will have the option either to wait until the item is available from stock, choose an alternative product or to cancel your order.

7. Delivery

7.1. We will deliver the goods to the address you specify for delivery at the time of order. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

7.2. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we may contact you to arrange an alternative time.

7.3. If it is not possible for us to effect delivery for whatever reason including but not limited to your being away or your premises being inaccessible, you may be liable to pay us an additional sum to cover our storage, administration charges and/or redelivery charges where applicable.

7.4. We reserve the right to effect delivery by instalment in which case each instalment will be a separate contract.

7.5. Subject to our cancellation clauses below, should you wish to cancel or reschedule any order, you agree to give us as much notice (in writing) as is reasonably practicable and agree to pay our storage and administration charges in addition to the delivery charges.

7.6. Subject to the other provisions in these conditions, we will not be liable to you for any loss (including but not limited to loss of profit) costs, damages, and charges, expenses caused directly or indirectly by a delay in delivery (even if caused by our negligence).

7.7. A signature will be required on delivery of the Goods. It is your responsibility to check that the correct number of boxes have been delivered and that they are undamaged. In the event of a box being damaged, you must either refuse delivery or make a note of the damage on the carrier delivery slip and you must inform us of the damage immediately otherwise you will forfeit your right to reject the goods for visible damage.

8. Risk and ownership

8.1. Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver.

8.2. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.

8.3. Until such time as the title in the goods passes to you, you will hold the goods as a bailee and keep the goods separately from any other goods belonging to you or any third party and properly stored, protected and insured and identified as our property.

8.4. Until such time as title in the goods passes to you, we may at any time require you to deliver up the goods to us and, if you fail to do so, enter any premises where the goods are stored to repossess the goods.

9. Rejection (for consumers only)

9.1. A consumer is an individual purchasing Goods or Services for his or her own personal, family, household or other non-business use.

9.2. If on delivery the goods appear to be visibly damaged you must notify the carrier immediately that you will not accept delivery or make a note of the damage on the carrier delivery slip and you must inform us of the damage immediately otherwise you will forfeit your right to reject the goods for visible damage.

9.3. Under the Distance Selling Regulations you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any made to order and customised items, software or data storage media where any seal or packaging has been opened). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing if you wish to cancel your contract.

9.4. If you have received the goods before you cancel your contract then you must send the goods back in accordance with our policy set out in 9.4.1 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 in accordance with our policy set out in 9.4.1 at your own cost and risk.

9.4.1. In order to return Goods, you must obtain an RMA number from us and send the Goods back to the address provided by us in their original packaging, in an “as new” condition, unused or installed and complete with all accessories, manuals, drivers, cables and other items that originally came with the Goods, unless agreed otherwise.
9.4.2. You must pay for the costs of return unless the Goods are returned because they are faulty, damaged or the wrong item was supplied. The Goods must be returned to us within 7 days of us issuing the RMA number. You will be liable for the Goods until they have been delivered to us.

9.5. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit 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 will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

9.6. You will be re-credited for the costs incurred in returning faulty, damaged or incorrect Goods.

10. Rejection (for non-consumers)

10.1. If on delivery the goods appear to be visibly damaged you must notify the carrier immediately that you will not accept delivery or make a note of the damage on the carrier delivery slip and you must inform us of the damage immediately otherwise you will forfeit your right to reject the goods for visible damage.

10.2. If the goods are not visibly damaged on delivery, but you wish to reject the goods for any other non conformance or unapparent damage, you may reject the goods provided that:

10.2.1. you obtain an RMA number from us within 24 hours of delivery, submit a completed RMA form to us as soon as possible thereafter and allow us facilities to inspect the goods within 7 days of the date of delivery; and
10.2.2. the goods are undamaged, unused, in their original packaging and you have not marked either the goods or their packaging.

10.3. Should you reject and return the goods in accordance with 10.2., we reserve the right to charge a "restocking fee" to be determined by us and payable by you in respect of the returned goods.

10.4. If you fail to comply with either 10.1. or 10.2., you will be deemed to have accepted the goods.

11. Faulty or damaged goods

11.1. It is your responsibility to check the Goods for damage or fault upon delivery.

11.2. If on delivery the goods appear to be visibly damaged you must notify the carrier immediately that you will not accept delivery or make a note of the damage on the carrier delivery slip and you must inform us of the damage immediately otherwise you will forfeit your right to reject the goods for visible damage.

11.3. If on delivery the goods appear to be faulty you must notify us of the fault within 7 days of delivery. Within this period and once the fault has been confirmed by us, we will either replace the Goods or refund you under our 'Dead on Arrival' policy. If you notify us of a fault after 7 days from delivery, the outcome will depend on the individual manufacturer's 'Dead on Arrival' policy. If the Goods are returned outside of the manufacturer's DOA period, the Goods will be either repaired or replaced according to the manufacturer's warranty terms and conditions.

11.4. Any Goods returned as faulty may be tested and if found not to be faulty, may incur an admin charge and will be returned to you at your cost.

12. Cancellation by us

12.1. We reserve the right to cancel the contract between us if:

12.1.1. we have insufficient stock to deliver the goods you have ordered;
12.1.2. we do not deliver to your area; or
12.1.3. 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.

12.2. If we do cancel your contract we will notify you in writing or by phone and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

13. Suspension and termination

13.1. We may, at our absolute discretion, suspend any delivery and / or terminate any contract immediately on notice to you if:

13.1.1. You pass a resolution for winding up (except for amalgamation or reconstruction of a solvent company) or if a court makes an order to that effect or if you have a receiver or administrator appointed over all or any of your assets or business, or if you cease or threaten to cease to carry on business.
13.1.2. You are in material breach of any of these conditions.
13.1.3. We are unable to effect delivery due to an event beyond our reasonable control.

13.2. Termination of any contract between us shall not affect your liability to pay us (without deduction or set off) such charges as are due for goods for which we have effected delivery. If on termination of any contract, we owe you any sums, we reserve the right to set off against such sums any outstanding charges as you owe us.

14. Liability

14.1. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the Goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:

14.1.1. to make good any shortage or non-delivery; or
14.1.2. to refund to you the amount paid by you for the Goods in question in whatever way we choose.

14.2. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from us. 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.

14.3. Except as set out in clause 14.1. and 14.2. above, we will not be liable for the following loss or damage howsoever caused even if foreseeable by us: loss of profits, business, revenue, goodwill, anticipated savings, data, corruption of data, whether sustained by you or third party and/or special, indirect or consequential loss (other than direct physical damage to your tangible property) whether suffered by you or another third party.

14.4. Subject to section 14.5. below we will not be liable 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.

14.5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have 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.

14.6. You are responsible for maintaining the security and confidentiality of your login and password and for restricting access to your online account. By using our website you agree to accept full responsibilty for all activities that occur under your login and password and that you will take all steps neccessary to ensure that your password is kept confidential and secure. Should you have reason to believe your password has become known to anyone else, or if your account is being used by an unauthorised user or in an unauthorised way then you must inform us immeadiately. All transactions processed via your login and password are considered valid and will be treated as an official authorised binding transaction.

15. Damage to your computer

15.1. We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

16. Software

16.1. Where the goods incorporate software, title in the software will not pass to you even when you have paid the charges in respect of such goods in full.

16.2. You agree to comply fully with the terms of any software licence that is supplied with the goods. Failure to do so may lead to such software licence being revoked by the owner of the software.

16.3. Where the goods incorporate software belonging to a third party, and such software fails to conform to its specification or is otherwise defective, our sole liability will be to obtain a corrected version of such software from that third party for your use.

17. Assignment

17.1. You may not assign, charge or transfer any of your rights or obligations under any contract without our prior written consent.

17.2. We may assign and/or sub-contract any contract at any time on notice to you.

18. Notices

18.1. 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 as stated on our 'Contact Us' page and all notices from us to you will be displayed on our website.

19. Changes to legal notices

19.1. We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

20. Law, jurisdiction and language

20.1. This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

21. Invalidity

21.1. 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 of these conditions will not be affected.

22. Privacy

22.1 You acknowledge and agree to be bound by the terms of our privacy policy.

23. Third party rights

23.1. Nothing in this agreement is intended to, nor shall it confer any rights on a third party.

24. Ownership of rights

24.1. All rights, including copyright, in this website are owned by or licensed to Purple Cat Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

24.2. All trade marks, brand names, product names, titles and copyrights used in this website relating to products manufactured by third parties are owned by their respective holders. We give no permission in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

25. Permitted use.

25.1 You are permitted to use this website for the following purposes: viewing this website; placing order; reviewing/changing orders; checking order status; and making use of other facilities that may be provided on the website.

25.2 Data and information (including pricing information) from, on, or offered through this website may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of Purple Cat. By accessing our website you agree not to use any computerised or other manual or automated program or mechanism, tool, or process, including any offline reader, site search/retrieval application, scraper, spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any materials, data, or information (including pricing information) on our website for any purpose, including for purposes of selling, offering to sell, or otherwise make available such materials, data, or information.

26. General

26.1. These conditions constitute the entire agreement between you and us in respect of the goods and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the goods.

26.2. You acknowledge that in instructing us to supply the goods, you do not do so on the basis of any representation, warranty or any provision not expressly contained within these conditions.

26.3. Any failure by us to enforce a breach of the conditions by you shall not be deemed to be a waiver of any subsequent breach of these conditions that you may make.

26.4. Nothing in this agreement shall create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee.

26.5. You have the right to refer any complaint to the Online Dispute Resolution service available at http://ec.europa.eu/consumers/odr/.

 

These terms were last updated 1st February 2017 11:52am