WINEEMOTION UK IS A DIVISION OF SEEGIR LIMITED (“SEEGIR”)
SEEGIR TERMS AND CONDITIONS
1.1 In these Conditions:
“Customer” means the person with whom Seegir has agreed to provide the equipment and/or specified service in accordance with these terms;
“Contract” means the contract for the provision of the equipment and/or specified service;
“Equipment” means any goods supplied by Seegir ;
“Specified Service” means the service to be provided to the customer as agreed by Seegir;
“Standard Charges” means the charges shown in Seegir’ published literature from time to time.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2 Seegir’s Obligations
2.1 Seegir shall provide the Equipment and/or Specified Service to the Customer subject to these Terms. Any changes or additions to these Terms must be agreed in Writing by Seegir.
2.2 Seegir shall provide Equipment of satisfactory quality
2.3 If the Customer reports a defect in or malfunction of the Equipment during Normal Working Hours, Seegir shall use its best endeavours to repair the defect or malfunction, but if that is not reasonably practicable (or is not reasonably practicable in the time available), Seegir’ representative shall seek to make suitable alternative arrangements with the Customer.
3 Prices & Payment
3.1 the price of the Equipment and/or Specified Service ordered together with any delivery charges is shown either on our website checkout page (for internet orders), as per our quotation if within the quotation valid days period, as per our price list, price guides, price offers or other pricing documentation issued by email, by fax or by letter or as advised by Seegir when ordering if by telephone or email or otherwise
3.2 The Customer shall pay Seegir’ Standard Charges plus VAT and any additional sums which are agreed between Seegir and the Customer for the provision of the Equipment and/or Specified Service or which, in Seegir’ sole discretion, are required for additional work as a result of the Customer’s instructions or lack of instructions, or any other cause attributable to the Customer.
3.3 The Customer will pay in full when you order unless at that time the Equipment is not in stock. For Equipment that is not in stock, a deposit of 50% must be paid when you order and the balance is to be paid when Seegir informs you that the goods are in stock and ready for delivery. You authorise to charge you any balances due on the contract to the payment card you used to pay your deposit.
3.4 Any Equipment hired that is incapable of recovery by Seegir until beyond the contract period will be charged a run on the price in line with the Standard Charges.
3.5 Any Equipment that sustains damage during a hire period will be repaired or replaced in necessary and the cost passed the customer and the hire shall be deemed continuous until such time as the repairs/replacement have been completed.
3.6 Seegir reserves the right to charge for the cleaning of any appliance returned in an unacceptable state therefore requiring cleaning above and beyond that normally expected. This will be charged at £50.00 per hour plus materials.
3.7 Keys lost or not returned at the end of the period of hire will be charged for at a cost of £50.00 per set. Any other items lost or not returned such as shelves, castors, handles, electrical leads etc. will be charged and the Customer will be informed of the charge within 7 days of the end of the period.
3.8 In some circumstances for repeat customers, a credit account may be authorised once a trading history has been established. Where invoices are raised prior to any payment being made, unless otherwise agreed, all invoices must be paid within 30 days from the date of the invoice. If payment is not made on the due date, Seegir shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 15 % per year from the due date until the outstanding amount is paid in full.
4 Services not included
4.1 Seegir’ obligations and liability under this contract shall not apply to any defect or malfunction which in Seegir’ opinion has arisen as a result of:
4.1.1 electrical work external to the Equipment;
4.1.2 transportation or relocation of the Equipment not performed by or on behalf of Seegir;
4.1.3 any error or omission relating to the operation of the Equipment;
4.1.4 any modification, adjustment or repair to the Equipment made by a third party without the written consent of Seegir;
4.1.5 the subjection of the Equipment by the Customer to unusual physical or electrical stress, damage, the neglect or misuse of the Equipment or any failure or fluctuation of electrical power, air conditioning, humidity control or other environmental controls;
4.1.6 or any other cause (except fair wear and tear) which is not due to the neglect or default of Seegir.
4.2 If on investigation Seegir reasonably determines that any defect in or malfunction of the Equipment is the result of any of the matters referred to in this clause, the Customer shall be liable for all costs incurred by Seegir in making the investigation and determining its cause.
5 Customer’s Responsibilities, Insurance etc.
5.1 The Customer shall ensure that Seegir has suitable access to delivery sites and on-line arrangements and have full and free access to the Equipment after delivery. Should any temporary roadway or support be required to cover soft ground, it will be organised by, and/or at the expense of, the client.
5.2 After delivery of Equipment it becomes the responsibility of the Customer who shall:
5.2. at all times keep the Equipment in the environmental conditions recommended by the manufacturer of the Equipment or Seegir;
5.2.2 not move the Equipment without obtaining the prior consent of Seegir;
5.2.3 use the Equipment only in accordance with such instructions and recommendations relating to the care and operation of the Equipment as may be issued by the manufacturer of the Equipment or as may from time to time be advised in writing by Seegir; and
5.2.4 not allow any person other than Seegir’ representatives to adjust, maintain, repair, replace or remove any part of the Equipment.
5.2.5 maintain regular-cleaning rotas as is mandatory of hygienic catering practice. Should the equipment not be returned in a satisfactory condition, the customer hereby accepts the subsequent cleaning charge.
5.2.6 Return the keys and power lead (s) supplied with each unit at the commencement of hire if applicable.
5.3 Whilst Seegir may insure Equipment, the Customer has responsibility for the Equipment subject to Contract and responsibility for any contents and it is advisable to purchase all risks insurance. Seegir does not take responsibility for the loss of any stock caused by any equipment failure or any other reason.
6 Warranties and Liability
6.1 Seegir warrants to the Customer that the Equipment and/or Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification.
6.2 Seegir shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
6.3 In relation to the purchase of Equipment and/or Specified Service, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Equipment and/or Specified Service, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Seegir or our servants, agents or any other person.
6.4 Seegir shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Seegir’ obligations in relation to the Equipment and/or Specified Service, if the delay or failure was due to any cause beyond Seegir’ reasonable control.
6.5 Except in respect of death or personal injury caused by Seegir’ negligence, or as expressly provided in these Terms, Seegir shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Seegir, its servants or agents or otherwise) which arise out of or in connection with the provision of the Equipment and/or Specified Service or their use by the Customer, and the entire liability of Seegir under or in connection with its contract shall not exceed the amount of Seegir’ charges thereunder, except as expressly provided in these Terms.
6.6 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Equipment and/or Supplied Service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
6.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
6.8 The limitations and exclusions in this paragraph only apply to the extent permitted by applicable law.
7. Right to Cancellation
7.1 If you are a consumer (that is a natural person who, when ordering, is acting outside his business) and you placed your order without ever viewing the product, seeing us at an exhibition or having other direct personal contact with us, and your order does not include any special option item, the Consumer Protection (Distance Selling) Regulations 2000 give you a right to cancel your contract with us up to the end of the 7th working day after the day of delivery.
7.2 To exercise the right to cancel you must inform us in writing within that time limit. We will then arrange with you to collect the item for return to our warehouse at your cost. In the meantime you must take reasonable care of the item and not use it. The item must be in stock re-saleable condition. We will refund the money you have paid for the goods but not the cost of original delivery. If we refuse the item we will return it to you at your cost.
7.3 Otherwise, we reserve all our rights in law in respect of buyers who cancel or repudiate their contract including our right to retain a deposit.
8 Modifications to Website
8.1 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms and Conditions.
9 Information you Provide
10 Online Materials
10.1 Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
10.2 We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Seegir accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK.
11.1 Seegir makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Seegir and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Seegir endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11.2 Any linking to, deep linking to, or extraction from the Seegir Site without the written consent of Seegir in hard copy with original signature by a director of Seegir is strictly prohibited.
11.3 Without prejudice to the generality of the foregoing paragraph 10.2 any third party contravening the provisions of paragraph 10.2 shall be liable for liquidated damages to Seegir for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by Seegir whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
12 Availability of Our Website
12.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
13.1 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.