Terms & Conditions

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

General terms and conditions

This site is owned and operated by Purple Cat Ltd. 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 01924 278464.

1. Interpretation

1.1. In these Conditions the following words shall have the meanings set opposite them:
"Carrier" 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 Limited.
"You", "your" means the person firm or corporation that places an order with us.

2. The contract between us

2.1. Any order you place 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.

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

2.3 An acceptance of your order will take place on despatch of the good(s) ordered.

3. Ownership of rights

3.1 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.

4. Accuracy of content

4.1 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.

5. Damage to your computer

5.1 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.

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 phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

7. Charges

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

7.2 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 4% above the Nat West Bank Base Rate until we receive payment in full.

7.3 If you fail to pay us the charges in accordance with this clause 7, 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.

7.4 We reserve the right to increase the charges at any time on notice to you if for any reason the price of the goods increases between the confirmation of order and delivery.

7.5 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.

8. Delivery charges

8.1 Delivery charges vary according to the type of goods ordered and cannot be refunded.

8.2 Our delivery charges are set out here

8.3 It might not be possible for us to deliver to some locations.

9. Delivery

9.1 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).

9.2 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.

9.3 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 and administration charges.

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

9.5 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 charges.

9.6 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).

9.7 You will become the owner of the goods you have ordered when they have been delivered to you. 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.

10. Risk and ownership

10.1 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.

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

10.3 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.

10.4 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.

11. Rejection (for consumers only)

11.1 If on delivery the goods appear to be visibly damaged you must notify the carrier immediately that you will not accept delivery otherwise you will forfeit your right to reject the goods for visible damage.

11.2 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order and customised items). 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.

11.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address 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.

11.4 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 provoded 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.

11.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

12. Rejection (for other types of customers)

12.1 If on delivery the goods appear to be visibly damaged you must notify the carrier immediately that you will not accept delivery otherwise you will forfeit your right to reject the goods for visible damage.

12.2 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:

12.2.1 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
12.2.2. the goods are undamaged, unused, in their original packaging and you have not marked either the goods or their packaging.

12.3 Should you reject and return the goods in accordance with 12.2, we reserve the right to charge a "restocking fee" to be determined by us and payable by you in respect of the returned goods.

12.4 If you fail to comply with either 12.1 or 12.2, you will be deemed to have accepted the goods.

13. Cancellation by us

13.1 We reserve the right to cancel the contract between us if:

13.1.1 we have insufficient stock to deliver the goods you have ordered;
13.1.2 we do not deliver to your area; or
13.1.3 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.

13.2 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.

14. Suspension and termination

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

14.1.1 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.
14.1.2. You are in material breach of any of these conditions.
14.1.3. We are unable to effect delivery due to an event beyond our reasonable control.

14.2 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.

15. Liability

15.1 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:

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

15.2 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.

15.3 Except as set out in clause 15.1 and 15.2 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.

15.4 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.

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. General

24.1 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.

24.2 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.

24.3 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.

24.4 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.