Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF SUPPLY

This page tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.firstlinedigital.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I have read and agree to the terms and conditions” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these you will not be able to order any Products from our Site.

1.         INFORMATION ABOUT US

www.firstlinedigital.co.uk is a Site operated by FirstLine Digital Limited (we). We are registered in England and Wales under company number 04251274 with our registered office at Unit 11, Borders Industrial Park, River Lane, Saltney, Chester CH4 8RJ.  Our VAT number is 771916604

2.         SERVICE AVAILABILITY

Our site is only intended for use by people resident in mainland UK and Northern Ireland (Serviced Areas). We do not accept orders from individuals outside these areas and we cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. If you are resident within any EU country however delivery can be made by special arrangement.

3.         YOUR STATUS

3.1       By placing an order through our site, you warrant that:

3.1.1    you are legally capable of entering into binding contracts;

3.1.2    you are at least 18 years old; and

3.1.3    you are resident in one of the Serviced Areas.

4.         HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1       After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2       The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. PRICE & PAYMENT

5.1     The price payable for the Product you order is as quoted on our site at the time you place your order except in cases of obvious error.

5.2       These prices include VAT but exclude delivery costs which will be added to the total amount due at the time of ordering.

5.3       Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

5.4       Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

5.5       We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

5.6     We reserve the right to change the price of commodity goods, such as copper, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such Products and may decline it or limit the order quantity.

5.7     On occasion, the prices payable for Products advertised on our Site may differ from those prices offered in the then current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference.

5.8     We must receive payment for the whole of the price of the Products you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

5.9     If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over HSBC’s then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement , together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.

6.         AVAILABILITY AND DELIVERY

6.1     Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified then certainly within 30 days of the Dispatch Confirmation unless there are exceptional circumstances. In the unlikely event that we do not make the goods available to you within 30 days of the Dispatch Confirmation you will have the option of cancelling your order by notifying us accordingly prior to delivery.

6.2     Before placing your order, please refer to the delivery options set out in our catalogues to ensure that we can deliver to your address. A valid signature will be required on delivery.

6.3     In the unlikely event that you have not received all of your Products within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the Products for any defects or missing parts.

6.4     For reasons of health and safety and to avoid any property damage, most large items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.

6.5     You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the Products, less the failed delivery costs.

7.         RISK AND TITLE

7.1     Upon delivery of the Products to you, the Products shall be at your risk. In spite of delivery having been made, title in the Products shall not pass to you until you have paid the price for the Products in full and no other sums whatsoever are due to us from you.

7.2     Until title in the Products passes from us, you shall hold the Products on a fiduciary basis as bailee and shall store the Products at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.  You hereby grant us a right of access to your property to recover such Products in the event of non payment.

8.         CANCELLATION AND RETURNS POLICY

8.1     FirstLine Digital Limited is committed to bringing you the best quality products at great prices. However, we also know that once in a while you may need to cancel an order or return an item. To ensure we can make this as easy as possible, please ensure you hold onto your receipt and any packaging with the item you bought. All refunds will normally to be made to the same method of payment as your purchase. This policy does not affect your statutory or distance selling rights.

30 Day Money Back Guarantee

8.2     All of the products we sell are covered by our 30-day money-back guarantee and returns within 30 days of the date we make delivery are free.

8.3     You can return items to a FirstLine Digital Limited branch (see www.firstlinedigital.co.uk to find your nearest branch) or contact us to organise a carrier pick-up for a full refund or replacement.  You will be responsible for the costs of the carrier.

8.4       You must return the Product(s) to us immediately, at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

8.5     Products being returned should be unused, with their original packaging, in a saleable condition, together with the receipt and your completed returns form.

8.6     For larger items that can only be returned via carrier collection we charge for collection which we will advise you of at the time of your call.

8.7     Please ensure that any sharp objects are suitably wrapped to ensure safe handling and that items are packed to protect them in transit.

8.8     Our 30-day money-back guarantee does not affect your statutory rights.

Cancellations

8.9     In the event that you wish to cancel your order before it is dispatched, you should please contact us by email and a full refund will be provided to you within 48 hours of receipt of your notice to cancel.

Faulty Products

8.10    If a Product we have delivered to you is faulty you should return the item to us within 30 days of the date of delivery with your receipt and completed returns form.

8.11    We will examine the returned Product and shall at our discretion have the right to either provide you with a replacement Product or a refund.  We will notify you of our decision via email within a reasonable period of time.

8.12    We will usually process the new Product or refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a new Product(s) or a refund for the faulty Product(s).

8.13    In the case of a refund, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you (unless there were other Products in your delivery that you have not returned) and the cost incurred by you in returning the item to us.

8.14    If you have had the item from 31 days up to 1 year after the date of delivery and it develops a fault please call our customer services team on 08714 33 33 33 or visit your nearest branch. 

9. PROTECTING YOUR SECURITY

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

10.     OUR LIABILITY – YOUR ATTENTION IS PARTICULARY DRAWN TO THIS CLAUSE

10.1     We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

10.2     Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product(s) you purchased.

10.3     This does not include or limit in any way our liability:

10.3.1  for death or personal injury caused by our negligence;

10.3.2  under section 2(3) of the Consumer Protection Act 1987;

10.3.3  for fraud or fraudulent misrepresentation; or

10.3.4  for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4     We are not responsible for indirect losses including but not limited to:

10.4.1  loss of income or revenue;

10.4.2  loss of business;

10.4.3  loss of profits or contracts;

10.4.4  loss of anticipated savings;

10.4.5  loss of data; or

10.4.6  waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.      WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12.      NOTICES

12.1     All notices given by you to us must be given to FirstLine Digital Limited at the address set out above or trade.counters@firstlinedigital.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.

12.2     Notice will be deemed received and properly served immediately when posted on our Site 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13.       TRANSFER OF RIGHTS AND OBLIGATIONS

13.1     The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2     You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3     We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13.4    In the event that our business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers’ advisers and will be passed on to the new owners of the business so that they can continue to provide the service that we currently provide.

14.       EVENTS OUTSIDE OUR CONTROL

14.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1  strikes, lock-outs or other industrial action;

14.2.2  civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3  fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4  impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5  impossibility of the use of public or private telecommunications networks; and

14.2.6  the acts, decrees, legislation, regulations or restrictions of any government.

14.3     Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15.       WAIVER

15.1     If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2     A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3     No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16.       SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.       ENTIRE AGREEMENT

17.1     These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

17.2     We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

17.3     Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

17.4    Nothing in this clause shall limit or exclude any liability for fraud.

18.       OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1     We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2     You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19.       LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.