Arnia Terms and Conditions 10 September 2013
- Sell any of the bee hive monitoring products (Products) listed on our website (our site) and product data sheets; and
- Provide access to the data collated by the Products and analysed by us relating to the activity of your bee hive(s) (Data).
These Terms will apply to any contract between us for the sale of Products to and the provision of Data to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
We may amend these Terms dated September 2013 from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information About Us
1.1 We operate the website http://www.arnia.co.uk/. We are Arnia Limited, a company registered in England and Wales under company number 07111465.
1.2 To contact us, please see our Contact Us page http://www.arnia.co.uk/contact.
2. Our Products
2.1 The images, data and specification lists, of the Products on our site and product data sheets are for illustrative purposes only.
2.2 All Products shown on our site and product data sheets are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. ACCESS TO DATA
3.1 You can pay for access to the Data through either:
3.1.1 a monthly subscription fee in arrears (Monthly Fee) for 30 days’ access to the Data; or
3.1.2 an annual subscription fee in advance (Annual Fee) for 12 months access to the Data,
3.2 You agree that we are at all times the owner of the Data.
3.3 We shall no have liability whatsoever if you are unable to access the Data by virtue of an Event Outside Our Control or if you do not have an internet-enabled device and/or a broadband connection.
4. How the Contract Is Formed Between You and Us
4.1 Please take the time to read and check your order at each stage of the order process especially as to whether you want to pay a Monthly Fee or an Annual Fee in order to access the Data.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5. Our Right to Vary These Terms
5.1 We may revise these Terms from time to time in the following circumstances:
5.1.1 changes in how we accept payment from you; and
5.1.2 changes in relevant laws and regulatory requirements.
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6. Your Consumer Right of Return and Refund
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
6.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
6.4 You will receive a full refund of the price you paid for the Products, (if applicable) the Annual Fee and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.4. If you returned the Products to us because they were faulty or mis-described, please see clause 6.6.
6.5 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.6 We refund you on the credit card or debit card used by you to pay.
6.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
6.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 6 or these Terms.
7.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the Products to the address you gave us.
7.3 The Products will be your responsibility from the completion of delivery.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8. Price of Products and Delivery Charges
8.1 The prices of the Products will be as quoted on our website or data sheets and price lists from time to time.
8.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
8.3 The price of a Product includes VAT at the applicable current rate chargeable in the UK.
8.4 Orders from outside the UK may be subject to customs fees and/or import duties and local taxes, which are levied once a shipment reaches its destination; any additional charges for customs clearance and local duties must be borne by you; we have no control over these charges and cannot predict what they may be
8.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site.
9.1 Payment for the Products and all applicable delivery charges is in advance.
9.2 When placing the order you will be asked whether you want to either pay an Annual Fee or Monthly Fee in order to access the Data.
9.3 We may suspend your access to the Data if you fail to pay the Monthly Fee on the due date for payment.
10. Cancellation of access to data
10.1 You may cancel your access to Data by giving us not less than 30 days notice via email.
10.2 If you paid an Annual Fee, we will credit your debit card or credit card originally used for payment an amount in proportion of the Annual Fee pro rata from the date of the Contract and the date on which the Contract is terminated by you.
11. Our Warranty for the Products
11.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Products arising from:
11.2.1 fair wear and tear;
11.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
11.2.3 if you fail to operate or use the Products in accordance with the user instructions; or
11.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers.
11.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12. Our Liability If You Are a Business
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
12.2 Nothing in these Terms limit or exclude our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.3.1 any loss of profits, sales, business, or revenue;
12.3.2 loss or corruption of data, information or software;
12.3.3 loss of business opportunity;
12.3.4 loss of anticipated savings;
12.3.5 loss of goodwill; or
12.3.6 any indirect or consequential loss.
12.4 Subject to clause 12.2 and clause 12.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products of your order.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Our Liability If You Are a Consumer
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, computer virus, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you;
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over; and
14.3.3 you cannot access the Data for more than 14 consecutive days, you may cancel the Contract immediately via email and we will refund the previous month’s Monthly Fee or a proportion of the Annual Fee in proportion to the date of the Contract and the date on which the Contract is terminated by you.
15. Communications Between Us
15.1 If we have to contact you or give you notice in writing, we will do so by e-mail.
15.2 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately 24 hours after an e-mail is sent.
16. Other Important Terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.