Terms and Conditions

Please read all of these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

These Terms and Conditions apply to the purchase of services and goods by you (the Customer or you). We are S-Cube Technologies Limited, a company registered in England and Wales under number 10800835 whose registered office is at 125, Deansgate, Manchester, United Kingdom, M3 2LH, with email address info.smarteye@scube-technologies.com (the Supplier or us or we).

These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

• Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
• Contract means the legally binding agreement between you and us for the supply of the Services;
• Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
• Goods means any goods that we supply to you with the Services;
• Order means the Customer’s order for the Services from the Supplier;
• Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
• Services means the services advertised on the Website, including any Goods;
• Website means our website www.eqms-smarteye.com on which the Services are advertised.

Services

The description of the Services and any Goods is as set out on the Website, catalogues, brochures or other forms of advertisement, for illustrative purposes only. In the case of Services and Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All Services are subject to availability. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement, and will notify you of these changes.

Customer responsibilities

You must co-operate with us in all matters relating to the Services, provide us with access to any premises under your control as required, provide us with all information required to perform the Services, and obtain any necessary licences and consents. Failure to comply is a Customer default which entitles us to suspend performance of the Services until you remedy it, or to terminate the Contract with immediate effect on written notice if you fail to remedy it.

Personal information and registration

When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under your chosen username and password and undertake not to disclose them to anyone else. We retain and use all information strictly under the Privacy Policy, and may contact you by e-mail, other electronic communication methods, or pre-paid post, which you expressly agree to.

Basis of sale

The description of the Services and Goods on our website does not constitute a contractual offer to sell. When an Order has been submitted, we can reject it for any reason, and will try to tell you why without delay. A Contract will be formed only when you receive an Order Confirmation email from us. Any quotation or estimate of Fees is valid for a maximum period of 30 days from its date, unless expressly withdrawn earlier. No variation of the Contract can be made after it has been entered into unless agreed by the Customer and Supplier in writing.

Fees and payment

The fees (Fees) for the Services, the price of any Goods, and any additional delivery or other charges is that set out on the Website at the date we accept the Order, or such other price as we may agree in writing. Fees and charges include VAT at the rate applicable at the time of the Order. You must pay by submitting your credit or debit card details with your Order, and we can take payment immediately or otherwise before delivery of the Services.

Delivery

We will deliver the Services, including any Goods, to the Delivery Location within the agreed period or, failing agreement, within a reasonable time (Services) or not more than 30 days after the Contract is entered into (Goods). If we do not deliver on time, you can require us to reduce the Fees, and in certain circumstances treat the Contract at an end and receive a refund. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands. The Goods become your responsibility from the completion of delivery or collection.

Risk and title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the Goods until we have received payment in full.

Withdrawal and cancellation

You can withdraw the Order by telling us before the Contract is made, without giving a reason and without incurring any liability. This is a distance contract with Cancellation Rights as set out below, which do not apply to contracts for urgent repairs/maintenance you have specifically requested, goods made to your specifications or clearly personalised, or goods liable to deteriorate or expire rapidly.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. The cancellation period expires 14 days from the day you (or a third party you indicate) acquire physical possession of the last of the Goods, or, for services only, 14 days from the day the Contract was entered into. To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g. a letter sent by post, fax or email); you may use the model cancellation form included at the end of this page, but it is not obligatory.

Effects and timing of cancellation

If you cancel this Contract, we will reimburse all payments received from you, including standard delivery costs, without undue delay and not later than 14 days after the day we receive back any Goods supplied (or evidence of their return), or, for services only, 14 days after we are informed of your decision to cancel. We will use the same means of payment as you used for the initial transaction, and you will not incur any fees as a result of the reimbursement. We may make a deduction from the reimbursement for loss in value of Goods resulting from unnecessary handling by you.

Returning goods

If you have received Goods you have cancelled, you must send them back or hand them over to us at 125, Deansgate, Manchester, United Kingdom, M3 2LH without delay and in any event not later than 14 days from the day you communicate your cancellation. You will bear the cost of returning the Goods.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract. Upon delivery, the Goods will be of satisfactory quality, reasonably fit for any particular purpose made known to us, and conform to their description. We will supply the Services with reasonable skill and care, and will provide after-sales service in the form of training and consultancy.

Duration, termination and suspension

The Contract continues as long as it takes us to perform the Services. Either party may terminate the Contract or suspend the Services at any time by written notice if the other commits a serious breach that cannot be or is not fixed within 30 days of written notice, or is subject to any step towards bankruptcy or liquidation. Termination does not affect either party’s remaining rights and liabilities.

Successors and sub-contractors

Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations. The Supplier will be liable for the acts of any sub-contractors it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control, the party will advise the other as soon as reasonably practicable, and its obligations will be suspended so far as is reasonable, provided it acts reasonably; it will not be liable for any failure it could not reasonably avoid.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. These Terms and Conditions should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you, and will comply with our obligations under the Data Protection Laws: identifying purposes before or at the time of collection, only processing Data for those purposes, respecting your rights, and implementing technical and organisational measures to keep your Personal Data secure. For any enquiries or complaints regarding data privacy, e-mail gdpr@scube-technologies.com.

The Supplier does not exclude liability for any fraudulent act or omission, or death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time the Contract was made, or loss to your business, trade, craft or profession which would not be suffered by a Consumer.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales, or, where the Customer lives in Scotland or Northern Ireland, the courts of Scotland or Northern Ireland respectively. If a dispute occurs, customers should contact us to find a solution; we aim to respond with an appropriate solution within ten (10) days.

Cancellation form

To: S-Cube Technologies Limited, 125 Deansgate, Manchester, United Kingdom, M3 2LH. Email: info.smarteye@scube-technologies.com

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods / for the supply of the following service, ordered on / received on (date received), including the name and address of the consumer(s), and signature of the consumer(s) (only if this form is notified on paper).