Terms & Conditions
General Introduction to the Battery Station Terms and Conditions
(1) Elements
Three different sets of terms and conditions apply to our customers and users:
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our terms of sale for consumers govern the sale and supply of our products to non-business customers;
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our terms of sale for businesses govern the sale and supply of our products to business customers; and
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our terms of use regulate the use of our website and apply to all users.
The different sets of terms and conditions are set out below.
This general introduction forms part of each set of terms of sale.
(2) Consumers vs Businesses
Consumers and businesses have different statutory and contractual rights and obligations with respect to product purchases, and different terms of sale will apply reflecting those rights and obligations.
For this reason, it is important for you to understand whether you are acting as a consumer or business.
You will be a business if you act for any purpose relating to your trade, business, craft or profession; and you will be a consumer if you act for any purpose that is wholly or mainly outside your trade, business, craft or profession.
You do not need to act through a company in order to be a business customer: individuals can act as businesses. If you purchase products for resale, you will be acting in the course of a business.
We will, for example, treat you as a business under the terms and conditions if:
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you purchase through a corporate entity;
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your product deliveries go to commercial or industrial premises;
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you purchase a large quantity of products; or
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you make a pattern of purchases suggesting use in the course of a business or resale.
If we treat you as a business and you contest such treatment, we may request information and/or documentation from you to help us to establish your status.
(3) Delivery issues
The delivery policies set out in our terms of sale provide detailed information about the delivery of our products.
You are responsible for ensuring that you enter the correct delivery address and that you update any address you have saved to our system. We are not responsible for any deliveries that may be lost as a result of your failure to do so.
Please report any defects in products, or damage to products, or missing parts of products that we deliver to you within the period of 14 days following the date of delivery.
Please report any non-delivery to us within 14 days following the issue of our notification that the products have been dispatched.
You acknowledge that defects in battery products and damage during delivery are very rare. Similarly, it is very rare for products to go missing during the delivery process.
In assessing the veracity of any claim that a battery product suffers from a manufacturing defect, we will take into account whether any other claims have been received in relation to other products in the same batch. In the vast majority of cases, a manufacturing defect that is present in one product in a batch of products will be present in other products in that batch.
In assessing the veracity of any claim that a battery product suffered from damage during delivery, we will take into account the physical state of the product. In the vast majority of cases, damage during delivery will be visible upon inspection of the product.
In assessing the veracity of any claim that a delivery is missing products, we will review videos and photographs of the product taken during packing and upon delivery. If any items have gone missing during the delivery process, we would expect the packaging to have been affected.
(4) Waste battery recycling
We accept waste batteries. Waste batteries should be:
(a) delivered to us by hand; or
(b) delivered to any of the battery collection points notified by us to you or identified on our website.
It is unlawful to send used batteries by post or by courier. For this reason, we cannot accept waste batteries sent to us by these methods.
(5) Limitations of liability
We draw your attention to the limitations and exclusions of liability set out in Section 11 of the terms of sale for consumers, Section 9 of the terms of sale for businesses and Section 6 of the terms of use.
(6) Our details
The full name of our company is Alfafado Limited (trading as Battery Station).
We are registered in England & Wales under registration number 06486856. Our VAT number is GB 998075359.
Our registered office is at Sher House, 46 Houghton Place, Bradford, West Yorkshire, BD1 3RG; and our principal place of business is at Battery Station, 46 Houghton Place, Bradford, West Yorkshire, BD1 3RG.
You can contact us by writing to the latter address or by email to customerservice@batterystation.co.uk.
Terms of Sale for Consumers
(1) Introduction
These terms of sale apply if you act as a consumer (and not as a business) in relation to any purchase of our products.
If you act as a business, the terms of sale for businesses (below) will apply in place of these terms of sale.
(2) Interpretation
In these terms of sale, “we” means Alfafado Limited trading as Battery Station (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products such as batteries on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(a) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) you must then enter your delivery details, and confirm your consent to these terms of sale;
(c) next, you will be given the opportunity to review your order for input errors, and correct any errors using the website interface; and
(d) to complete your order, you must make payment by submitting your credit or debit card details.
After you have submitted your credit or debit card details, you will be taken to a confirmation page, which you should print and retain for your records. We will also send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either: (i) send you an order confirmation (at which point your order will become a binding contract); or (ii) we will confirm by email that we will not meet your order.
Alternatively, orders may be submitted by telephone, in which case the order will become a binding contract if and when we send you an order confirmation.
We reserve the right to refuse to accept any order. Examples of the reasons that an order may be refused include: (i) the product ordered is out of stock; (ii) the Address Verification Service (AVS) and/or CV2 code you provide when paying does not match; (iii) the nature of the order has given rise to a suspicion of fraud or potential fraud; or (iv) the delivery address given makes it unusually difficult or expensive to arrange delivery. Where we refuse to accept an order, we will promptly refund to you any amounts paid in respect of the order in accordance with Section 10.
If we inform you that we cannot meet an order as an item is out of stock, we may give you the choice to wait for the item to be in stock, or to cancel the order and receive a refund. In these circumstances, we will provide to you an estimate of when the item will be back in stock – but we cannot guarantee the accuracy of any such estimate.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
(4) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge, which in the case of website orders will be calculated by the website (taking into account the package size and delivery address) and stated when you pay for the product.
Payment must be made upon the submission of your order. We will withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card (the cards accepted are stated on our website from time to time).
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force in accordance with Section 3.
(5) Chargebacks
If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
If you submit an unjustified credit or debit card charge-back then you will be liable to pay us within 7 days following the date of the charge-back:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of £50; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts detailed above (including without limitation legal fees and debt collection costs).
Without prejudice to our other rights, if you submit an unjustified credit or debit card charge-back then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt and without limitation, the following circumstances will constitute unjustified charge-backs: (i) if you fail to recognise or remember the source of an entry on your credit or debit card statement and make a charge-back as a result; or (ii) if you make a charge-back as a result of a late delivery.
(6) Acknowledgements and warranties
You acknowledge that all battery products (including rechargeable batteries) have a finite lifespan and will degrade over time. If a manufacturer has specified that a product has a particular maximum lifespan, then the actual lifespan of the product may be shorter, in particular if you do not follow our guidance and the manufacturer's guidance on storing and using the products.
You acknowledge that batteries should be kept in a cool – but not cold – and dry place, away from heat sources and out of direct sunlight, and in accordance with any specific instructions of the manufacturer. When kept unused in optimal conditions, a battery should be fully functional for at least 12 months from the date of purchase, unless the manufacturer's documentation provides otherwise.
You acknowledge that any failure to follow the correct usage and recharging procedures, as specified by the product manufacturer, may result in damage to a rechargeable battery or a reduction in the lifespan of a rechargeable battery. In addition, you acknowledge that rechargeable batteries are designed for use over a specified number of charging cycles. In general, the lifespan of a rechargeable battery will be affected by the actual number of charging cycles, the type of load/current/device attached, whether the batteries are fully discharged before being recharged, and the quality of the charging device used.
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order and in relation to your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age; and
(e) the sale and delivery of the products purchased by you under these terms of sale to you is not illegal or unlawful under the law of your jurisdiction.
If you claim to be a consumer, but we consider that there is evidence that you are or may be a business customer, you must provide to us all such information and documentation as we may request for the purpose of enabling us to determine your status. We may, for example, ask you to provide details of the purposes for which products will be used, and supporting documentation demonstrating the veracity of those purposes. Each item of information and documentation must be provided promptly and in any case within the period of 7 days following the date of issue of the relevant request.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. You must ensure that the address provided is suitable, accurate, complete and up to date (whether or not you use our automated address finder). You must where necessary update any address saved to our system before ordering. We are not responsible for checking or validating the delivery address that you provide.
We will usually deliver products to a UK delivery address within the time period specified on our website with respect to the selected shipping method. In the case of next day deliveries, we will usually deliver products on the working day following the date of the order, unless the order is received after 16:00, in which case we will usually deliver the products on the working day after that. However, all delivery dates specified in these terms and conditions, in any order confirmation or on the website are targets only, and we do not guarantee them.
Delivery periods for non-UK delivery addresses will depend upon the location in question.
Deliveries may be delayed as a result of failures of or issues relating to our delivery services providers. In addition, deliveries may be delayed as a result of internet disruption, staff shortages, power failures, adverse weather conditions, high product demand, low product supply and/or failures of suppliers.
We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the date of our order confirmation.
We will not be in breach of these terms of sale, and subject to Section 8 you will have no right to cancel any order and no right to a full or partial refund with respect to any order, as a result of a late delivery unless both:
(a) we dispatch the products more than 30 days following the date of our order confirmation; and
(b) any delivery date we have notified to you has not been met.
We will not deliver products to the USA, Canada or any country in Africa. We may from time to time determine that we will not deliver to other countries.
We use all reasonable endeavours to ensure that the products will reach you in perfect condition, we may be unable to identify defects in products packaged and sealed by the manufacturer, and damage during the delivery process may occur from time to time for reasons outside of our control.
You should inspect products following delivery and let us know about any defects in, or damage to, the products.
While we use all reasonable endeavours to ensure that our products will reach you in perfect condition, we may be unable to identify defects in products packaged and sealed by the manufacturer, and damage during the delivery process may occur from time to time for reasons outside of our control.
(8) “Cooling off” period
You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to the return address specified on our website) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
(b) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
(9) Statutory rights
Nothing in these terms of sale affects your mandatory statutory rights under applicable law.
In particular, nothing in these terms of sale affects your mandatory rights under the Consumer Rights Act 2015. These rights include the "short-term right to reject". This applies, for example, where goods are not of satisfactory quality. Where this right applies, you are entitled to reject goods during the period of 30 days following delivery of the goods and to receive a full refund.
If you exercise a right to reject goods under the Consumer Rights Act 2015, or to have goods repaired or replaced under that Act, you must, unless we direct you to retain / dispose of the goods:
(a) if we so request, return the goods to us; or
(b) otherwise, make the goods available for us to collect.
Where you have such a right and we request that you return the goods to us, you must use the means of return that we specify (usually via a collection point scheme) and we will refund to you any reasonable costs of the return.
(10) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will usually process any refund due to you within two working days of the cancellation of the contract or receipt of your valid notice of cancellation. In any event, we will always process such a refund within 30 days of the day of cancellation of the contract or receipt of your valid notice of cancellation.
(11) Limitations of liability
Nothing in the terms of sale will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
The limitations and exclusions of liability set out in the terms of sale:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses.
We will not be liable to you in respect of any loss of or damage to profits, income, revenue or anticipated savings.
We will not be liable to you in respect of any loss of use or production.
We will not be liable to you in respect of any loss of business, contracts or commercial opportunities
We will not be liable to you in respect of any damage to goodwill.
If, when ordering products, you provide us with an unsuitable, incomplete, inaccurate or out-of-date address for delivery, we will not be liable to you with respect to any loss or damage arising out of this or out of any resulting delivery failure; and, without prejudice to the generality of the foregoing, we will not in these circumstances be liable to provide any refund to you with respect to any lost products.
We will not be liable to you in respect of any loss or damage arising out of your failure to follow the guidance that we give, or that any product manufacturer gives, in relation to the receipt, storage, recharging and use of the products. This includes guidance in these terms and conditions, guidance supplied with the products and guidance given in relation to support queries.
We will not be liable to you in respect of any loss or damage arising out of a late delivery of products. For example, if you need products to complete a job, we will not be liable to you in respect of any loss or damage that arises if you cannot complete the job as a result of a late delivery.
Our maximum liability to you in relation to any loss or damage arising out of or relating to any product shall not exceed the price of the product.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the products.
(12) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing, where you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 11: these terms of sale and the general introduction set out above contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Terms of Sale for Businesses
(1) Introduction
These terms of sale apply if you act as a business (and not as a consumer) in relation to any purchase of our products. For instance, they will apply in relation to incorporated customers (such as limited companies), in relation to deliveries made to commercial or industrial premises and in relation to products purchased for resale.
If you act as a consumer, the terms of sale for consumers (above) will apply in place of these terms of sale.
(2) Interpretation
In these terms of sale, “we” means Alfafado Limited trading as Battery Station (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products such as batteries on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(a) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) you must then enter your delivery details, and confirm your consent to these terms of sale;
(c) next, you will be given the opportunity to review your order for input errors, and correct any errors using the website interface; and
(d) to complete your order, you must make payment by submitting your credit or debit card details.
After you have submitted your credit or debit card details, you will be taken to a confirmation page, which you should print and retain for your records. We will also send you an initial acknowledgement. Once we have checked whether we are able to meet your order, we will either: (i) send you an order confirmation (at which point your order will become a binding contract); or (ii) we will confirm by email that we will not meet your order.
Alternatively, orders may be submitted by telephone, in which case the order will become a binding contract if and when we send you an order confirmation.
We reserve the right to refuse to accept any order. Examples of the reasons that an order may be refused include: (i) the product ordered is out of stock; (ii) the Address Verification Service (AVS) and/or CV2 code you provide when paying does not match; (iii) the nature of the order has given rise to a suspicion of fraud or potential fraud; or (iv) the delivery address given makes it unusually difficult or expensive to arrange delivery. Where we refuse to accept an order, we will promptly refund to you any amounts paid in respect of the order in accordance with Section 10.
If we inform you that we cannot meet an order as an item is out of stock, we may give you the choice to wait for the item to be in stock, or to cancel the order and receive a refund. In these circumstances, we will provide to you an estimate of when the item will be back in stock – but we cannot guarantee the accuracy of any such estimate.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
(4) Price and payment
Prices for products are quoted on our website (save to the extent we have agreed otherwise in writing).
The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge, which in the case of website orders will be calculated by the website (taking into account the package size and delivery address) and stated when you pay for the product.
Payment must be made upon the submission of your order. We will withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card (the cards accepted are stated on our website from time to time), or by such other means as we may agree in writing.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force in accordance with Section 3.
We may from time to time agree that business customers may pay for products in arrears, in which case the dates for payment of the prices will be determined by our credit account terms and conditions.
If you do pay any amount properly due to us by the due date:
(a) we may, at our discretion, either: (i) charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or (ii) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998; and
(b) you must in addition pay to us an amount equal to any fees paid (or payable) by us to any third parties engaged by us for the purpose of enforcing the payment obligations and/or recovering amounts you owe to us, which may include the fees of: (i) debt recovery, collection and enforcement agents and agencies; and (ii) firms of solicitors and other legal representatives.
(5) Chargebacks
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
If you submit an unjustified credit or debit card charge-back then you will be liable to pay us within 7 days following the date of the charge-back:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of £50; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts detailed above (including without limitation legal fees and debt collection costs).
Without prejudice to our other rights, if you submit an unjustified credit or debit card charge-back then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt and without limitation, the following circumstances will constitute unjustified charge-backs: (i) if you fail to recognise or remember the source of an entry on your credit or debit card statement and make a charge-back as a result; or (ii) if you make a charge-back as a result of a late delivery.
(6) Acknowledgements and warranties
You acknowledge that all battery products (including rechargeable batteries) have a finite lifespan and will degrade over time. If a manufacturer has specified that a product has a particular maximum lifespan, then the actual lifespan of the product may be shorter, in particular if you do not follow our guidance and the manufacturer's guidance on storing and using the products.
You acknowledge that batteries should be kept in a cool – but not cold – and dry place, away from heat sources and out of direct sunlight, and in accordance with any specific instructions of the manufacturer. When kept unused in optimal conditions, a battery should be fully functional for at least 12 months from the date of purchase, unless the manufacturer's documentation provides otherwise.
You acknowledge that any failure to follow the correct usage and recharging procedures, as specified by the product manufacturer, may result in damage to a rechargeable battery or a reduction in the lifespan of a rechargeable battery. In addition, you acknowledge that rechargeable batteries are designed for use over a specified number of charging cycles. In general, the lifespan of a rechargeable battery will be affected by the actual number of charging cycles, the type of load/current/device attached, whether the batteries are fully discharged before being recharged, and the quality of the charging device used.
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order and in relation to your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age; and
(e) the sale and delivery of the products purchased by you under these terms of sale to you is not illegal or unlawful under the law of your jurisdiction.
If you claim to be a consumer, but we consider that there is evidence that you are or may be a business customer, you must provide to us all such information and documentation as we may request for the purpose of enabling us to determine your status. We may, for example, ask you to provide details of the purposes for which products will be used, and supporting documentation demonstrating the veracity of those purposes. Each item of information and documentation must be provided promptly and in any case within the period of 7 days following the date of issue of the relevant request.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. You must ensure that the address provided is suitable, accurate, complete and up to date (whether or not you use our automated address finder). You must where necessary update any address saved to our system before ordering. We are not responsible for checking or validating the delivery address that you provide.
We will usually deliver products to a UK delivery address within the time period specified on our website with respect to the selected shipping method. In the case of next day deliveries, we will usually deliver products on the working day following the date of the order, unless the order is received after 16:00, in which case we will usually deliver the products on the working day after that. However, all delivery dates specified in these terms and conditions, in any order confirmation or on the website are targets only, and we do not guarantee them.
Delivery periods for non-UK delivery addresses will depend upon the location in question.
Deliveries may be delayed as a result of failures of or issues relating to our delivery services providers. In addition, deliveries may be delayed as a result of internet disruption, staff shortages, power failures, adverse weather conditions, high product demand, low product supply and/or failures of suppliers.
We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the date of our order confirmation.
We will not be in breach of these terms of sale, and you will have no right to cancel any order and no right to a full or partial refund with respect to any order, as a result of a late delivery unless both:
(a) we dispatch the products more than 30 days following the date of our order confirmation; and
(b) any delivery date we have notified to you has not been met.
We will not deliver products to the USA, Canada or any country in Africa. We may from time to time determine that we will not deliver to other countries.
For the avoidance of doubt and subject to our mandatory obligations under statute, we will never accept returns of, or give refunds in relation to, any special order agreed with you via email, telephone or otherwise. For these purposes, a "special order" means any order that we are unable to fulfil from our own stock.
(8) Reporting of defects
You must report any defects in products, or damage to products, or missing parts of products that we deliver to you within the period of 14 days following the date of delivery.
You must report any non-delivery to us within 14 days following the issue of our notification that the products have been dispatched.
If we so request, you must return any products that you claim are defective or damaged or incomplete, promptly in accordance with our instructions (usually via a collection point scheme).
While we use all reasonable endeavours to ensure that our products will reach you in perfect condition, we may be unable to identify defects in products packaged and sealed by the manufacturer, and damage during the delivery process may occur from time to time for reasons outside of our control.
(9) Limitations of liability
Nothing in the terms of sale will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
The limitations and exclusions of liability set out in the terms of sale:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses.
We will not be liable to you in respect of any loss of or damage to profits, income, revenue or anticipated savings.
We will not be liable to you in respect of any loss of use or production.
We will not be liable to you in respect of any loss of business, contracts or commercial opportunities
We will not be liable to you in respect of any damage to goodwill.
If, when ordering products, you provide us with an unsuitable, incomplete, inaccurate or out-of-date address for delivery, we will not be liable to you with respect to any loss or damage arising out of this or out of any resulting delivery failure; and, without prejudice to the generality of the foregoing, we will not in these circumstances be liable to provide any refund to you with respect to any lost products.
We will not be liable to you in respect of any loss or damage arising out of your failure to follow the guidance that we give, or that any product manufacturer gives, in relation to the receipt, storage, recharging and use of the products. This includes guidance in these terms and conditions, guidance supplied with the products and guidance given in relation to support queries.
We will not be liable to you in respect of any loss or damage arising out of a late delivery of products. For example, if you need products to complete a job, we will not be liable to you in respect of any loss or damage that arises if you cannot complete the job as a result of a late delivery.
Our maximum liability to you in relation to any loss or damage arising out of or relating to any product shall not exceed the price of the product.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the products.
(10) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 9: these terms of sale and the general introduction section out above contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Terms of Use
(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you register with our website we will ask you to expressly agree to these terms of use.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(4) Products
The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.
Prices stated on our website may be stated incorrectly.
The purchase of products via our website will be subject to our terms of sale.
We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(5) User content
In this Section, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for publication on the website or any other purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. However, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limitations of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(7) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(8) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(9) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(10) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(11) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(12) Entire agreement
Without prejudice to the provision of our terms of sale, these terms of use and the general introduction section set out above constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(13) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.