Consumer Terms and Conditions
1 Application of terms and conditions of sale
1.1 These terms and conditions (“Terms”) set out below apply to all quotations, offers made and orders accepted by One Click Technologies Limited for the Goods, whose registered office is at registered office is at Rosemount Juniper Lane, Woburn Green, High Wycombe, Buckinghamshire, England HP10 0DE (“One Click”). These Terms apply to all sales made by One Click except to the extent these Terms conflict with an existing individual customer contract where special terms and conditions (signed by One Click and Buyer) may take precedence over this document. These Terms apply in lieu of any course of dealing between the parties or usage of trade in the industry.
1.2 These Terms may in some instances conflict with other terms and conditions referenced to. In such case, these Terms will take precedence, and acceptance of the Buyer’s order is conditional upon the Buyer’s acceptance of these Terms, irrespective of whether the Buyer accepts these Terms by a written acknowledgement, by implication, or acceptance and payment of products ordered hereunder. One Click’s failure to object to provisions contained in any communication from the Buyer will not be deemed a waiver of these Terms.
2.1 The definitions and rules of interpretation in this condition 2 apply throughout these Terms:
the person, firm or company who purchases the Goods from One Click;
a contract between One Click and the Buyer for the sale and purchase of the Goods, incorporating these Terms and created by the process referred to in condition 3;
the place where delivery of the Goods is to take place under condition 5;
the IntelliPlugand all developments, enhancements or versions of the IntelliPlug from time to time offered for sale by One Click through the Website; and
the website found at http://www.oneclickpower.com.
2.2 A reference to any law in these Terms is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.3 Words in the singular include the plural and in the plural include the singular.
2.4 Headings in these Terms do not affect their interpretation.
3.1 The Buyer agrees, understands and accepts the creation of the Contract between One Click and the Buyer will be as follows:
3.1.1 the Buyer will place the order for the Goods on the Website by pressing the confirm order button at the end of the checkout process. The Buyer will be guided through the process of placing an order and paying for the Goods by a series of instructions on the Website;
3.1.2 One Click will send to the Buyer an order confirmation detailing the Goods ordered by the Buyer and the receipt of payment from the Buyer;
3.1.3 as the Goods are dispatched by One Click, One Click we will send to the Buyer a confirmation of the dispatch of the Goods; and
3.1.4 order acceptance and the completion of the Contract between One Click and the Buyer will take place on the dispatch to the Buyer of the Goods ordered unless One Click has notified the Buyer that One Click does not accept the Buyer’s order.
3.2 Non-acceptance of an order may be a result of one of the following:
3.2.1 the Goods being unavailable from stock;
3.2.2 One Click’s inability to obtain authorisation for the Buyer’s payment;
3.2.3 the identification by One Click of a pricing or product description error caused by the Buyer; or
3.2.4 the Buyer not meeting the eligibility to order criteria set out in condition 3.3.
3.3 One Click will only sell items to adults (that is those persons aged 18 or over). In the event the Buyer is under 18, the Buyer may only use the Website with the involvement of an adult. Proof of ID may be requested. Placing an order with One Click is confirmation that the Buyer is of legal age.
4.1 All samples, drawings, descriptive matter, specifications and advertising issued by One Click and any descriptions or illustrations contained in One Click's website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. Any and all such information will not form part of the Contract and the Buyer understands, acknowledges and accepts this is not a sale by sample.
5.1 Unless otherwise agreed in writing by One Click, delivery of the Goods will take place at the address specified by the Buyer.
5.2 One Click will use its reasonable endeavours to ensure that the Buyer will take delivery of the Goods within 14 days of the Buyer placing an order.
5.3 Any dates specified by One Click for delivery of the Goods are intended to be an estimate and time for delivery will not be made of the essence by notice. In the event no dates are so specified, delivery will be within a reasonable time.
5.4 Subject to other provisions of these Terms, One Click will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by One Click's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.
5.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or One Click is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
5.5.1 risk in the Goods will pass to the Buyer (including for loss or damage caused by One Click's negligence);
5.5.2 the Goods will be deemed to have been delivered; and
5.5.3 One Click may store the Goods until delivery, whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
5.6 One Click may deliver the Goods by separate instalments. Each separate instalment will be paid for in accordance with the provisions of the Contract.
5.7 Each instalment will be a separate Contract and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate or cancel any other Contract or instalment.
6.1 The quantity of any consignment of Goods as recorded by One Click on dispatch from One Click's place of business will be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
6.2 One Click will not be liable for any non-delivery of Goods (even if caused by One Click's negligence) unless the Buyer gives written notice to One Click of the non-delivery within 14 days of the date when the Goods would in the ordinary course of events have been received.
6.3 Any liability of One Click for non-delivery of the Goods will be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
7 Risk and title
7.1 The Goods are at the risk of the Buyer from the time of dispatch of the Goods.
7.2 Ownership of the Goods will not pass to the Buyer until One Click has received in full (in cash or cleared funds) all sums due to it in respect of:
7.2.1 the Goods; and
7.2.2 all other sums which are or which become due to One Click from the Buyer on any account.
8.1 Unless otherwise agreed by One Click in writing, the price for the Goods will be the price set out in One Click's price list published on the date of delivery or deemed delivery.
8.2 The price for the Goods will be inclusive of any value added tax. All costs or charges in relation to packaging, loading, unloading, carriage and insurance, will be exclusive of the price and all of which amounts the Buyer will pay in addition to the price when the Buyer is due to pay for the Goods.
9.1 Payment of the price for the Goods is due in pounds sterling in advance of dispatch of the Goods.
9.2 No payment will be deemed to have been received until One Click has received cleared funds.
9.3 The Buyer will make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by One Click to the Buyer.
10 Consumer Contracts Regulations 2013
10.1 The Buyer is entitled to cancel the Contract provided that the Buyer exercises such right no longer than 14 days after the day on which the Buyer receives the Goods.
10.2 The Buyer’s right to return the Goods does not apply to goods made to the Buyer’s specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
10.3 In the event the Buyer seeks to exercise the right of cancellation, the Buyer is obliged to retain possession of the Goods and take reasonable care of them.
10.4 To exercise the right to cancel, the Buyer must inform One Click of the Buyer’s decision to cancel the Contract by a clear statement, including details of the Buyer’s name, geographical address, details of the order the Buyer wishes to cancel and, where available, a phone number and email address both of the Buyer.
10.6 In the event the Buyer decides to cancel, the Buyer should return the goods to One Click at the cost of the Buyer within 14 days of such cancellation and One Click will reimburse to the Buyer (by the method used to pay for the original transaction) the amount in relation to Goods to which cancellation rights apply. Such reimbursement will include the cost of delivery (except for the supplementary costs arising in the event the Buyer chooses a type of delivery other than One Click’s standard and least expensive method of delivery).
10.7 One Click may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Buyer. One Click will make the reimbursement no later than 14 days after the day we receive back from the Buyer any goods supplied.
11.1 Where One Click is not the manufacturer of the Goods, One Click will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to One Click.
11.2 One Click warrants that (subject to the provisions of these Terms) on delivery, the Goods will:
11.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
11.2.2 be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to One Click in writing and One Click has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of One Click.
11.3 One Click will not be liable for a breach of the warranties (or either of them) in condition 11.2unless:
11.3.1 the Buyer gives written notice of the defect to One Click, and, if the defect is the result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
11.3.2 One Click is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by One Click) returns such Goods to One Click's place of business.
11.4 One Click will not be liable for a breach of the warranties (or either of them) in condition 11.2if:
11.4.1 the Buyer makes any further use of such Goods after giving such notice;
11.4.2 the defect arises because the Buyer failed to follow One Click's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
11.4.3 the Buyer alters or repairs such Goods without the written consent of One Click.
11.5 Subject to condition 11.3and condition 11.4, if any of the Goods do not conform with the warranties (or either of them) in condition 11.2, One Click will at its sole option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if One Click so requests, the Buyer will return the Goods or the part of such Goods which is defective to One Click.
11.6 If One Click complies with condition 11.5 it will have no further liability for a breach of the warranties (or either of them) in condition 11.2 in respect of such Goods.
12 Limitation of liability
12.1 Subject to condition 5, condition 6 and condition 11, the following provisions set out the entire financial liability of One Click (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
12.1.1 any breach of these conditions;
12.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
12.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Terms excludes or limits the liability of One Click:
12.3.1 for death or personal injury caused by One Click's negligence;
12.3.2 under section 2(3), Consumer Protection Act 1987;
12.3.3 for any matter which it would be illegal for One Click to exclude or attempt to exclude its liability;
12.3.4 for fraud or fraudulent misrepresentation.
12.4 Subject to condition 12.2and condition 12.3:
12.4.1 One Click's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract will be limited to the Contract price; and
12.4.2 One Click will not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
13.1 When the Buyer places an order on the Website, One Click will request the Buyer to input and will collect information from the Buyer such as the Buyer’s name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password (“Personal Information”).
13.2 One Click will treat all Personal Information of the Buyer as confidential (although One Click reserves the right to disclose this information in the circumstances set out below). One Click will keep all Personal Information of the Buyer on a secure server and One Click will fully comply with all applicable United Kingdom Data Protection and consumer legislation from time to time in place.
13.3 One Click confirms that any Personal Information which the Buyer provides to One Click (or which is available on public registers), is held in accordance with the registration we have with the Data Commissioner's Office. One Click will use such information only for the following purposes:
13.3.1 the processing of orders;
13.3.2 for statistical or survey purposes to improve this Website and its services;
13.3.3 to serve website content and advertisements; and
13.3.4 to administer the Website;
13.4 The Buyer agrees that the Buyer does not object to One Click contacting the Buyer for any of the above purposes whether by telephone, e-mail or in writing and the Buyer confirms that the Buyer does not and will not consider any of the above as being a breach of any of the Buyer’s rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
13.5 The Buyer should be aware that if One Click is requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide the Personal Information of the Buyer, One Click is and will remain at all times entitled do so.
14.1 One Click may assign the Contract or any part of it to any person, firm or company.
14.2 The Buyer will not be entitled to assign the Contract or any part of it without the prior written consent of One Click.
15 Force majeure
15.1 One Click reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) in the event One Click is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of One Click including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer will be entitled to give notice in writing to One Click to terminate the Contract.
16.1 Each right or remedy of One Click under the Contract is without prejudice to any other right or remedy of One Click whether under the Contract or not.
16.2 In the event that any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
16.3 Failure or delay by One Click in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
16.4 Any waiver by One Click of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16.5 The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.6 These Terms govern the relationship between One Click and the Buyer. The Buyer confirms that, in agreeing to accept these Terms, the Buyer has not relied on any representation save insofar as the same has expressly been made a condition of these Terms and the Buyer agrees that the Buyer will have no remedy in respect of any representation. The Buyer’s statutory rights are not affected by these Terms.
16.7 The Contract and any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.