Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you choose not to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out in paragraph 7. 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.
- Information About Us
- We operate the website [domain]. We are Metano Limited, a company registered in England and Wales under company number 02893198 and with our registered office at Unit 14/15 Whinfield Way, Whinfield Industrial Estate, Rowlands Gill, Tyne & Wear, NE39 1EH. Our main trading address is our registered office. Our VAT number is 918 2867 90.
- You may contact us by telephoning our customer service team at [contact_number] or by e-mailing us at [contact_email]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.
- Our Products
- The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colours of the Products. The Products you receive may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a % tolerance.
- The packaging of the Products may vary from that shown on images on our Website.
- Use of Our Website
- How We Use Your Personal Information
- Your warranties
- By accepting these Terms, you warrant to us that:
- you have authority to bind any business on whose behalf you use our Website to purchase Products;
- in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
- you shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- How the Contract Is Formed Between You and Us
- Our Website pages will guide you through the steps you need to take to place an order with us (Order). Our Order process allows you to check and amend any errors before submitting your Order to us. It is your responsibility to ensure that the information you submit to us with your Order is correct, up to date, not misleading and accurate. Please take the time to read and check your Order at each stage of the Order process.
- After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
- We will only confirm our acceptance of your Order to you by sending you an e-mail that confirms that the Products [have been] [are ready to be] dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail [DN: can this be accommodated?] and we will not process your Order. Please note, if you have already paid for the Products in advance, we will refund you the full amount [including any delivery costs charged] as soon as possible.
- Our Right to Vary These Terms
- We may amend these Terms from time to time.
- Every time you Order from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
- We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements or when updating our contact details.
- If we have to revise these Terms as they apply to an accepted Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not comfortable with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at your own cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid for the Products.
- We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order). The estimated delivery date is an estimate only and any date given by us cannot be guaranteed as the date of actual delivery to you. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities should this happen.
- Delivery of an Order shall be completed when we deliver the Products to the address you provided to us with your Order and the Products will be your responsibility from that time.
- You own the Products once we have received payment for the Products in full, including all applicable delivery charges.
- It is your responsibility to check the Products on delivery. On delivery, you will be asked to sign for the Products confirming receipt in good condition. If the Products do not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty or other claims that you make thereafter.
- If you fail to accept delivery of the Products and without prejudice to any other rights and remedies available to us, we may store the Products until delivery takes place, and charge you for all related costs and expenses (including, without limitation, insurance) and after a period of 21 working days resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs (including, without limitation, insurance), account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
- The quantity of any consignment of Products as recorded by us upon dispatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
- We shall not be liable for any non-delivery or delays in delivery of Products (even if caused by our negligence).
- Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
- For reasons of health and safety and to avoid 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 items need to be transported from the delivery location.
- International Delivery
- We deliver to the countries listed on the following page of our Website [insert link to page listing the countries] (International Delivery Destinations) [DN: you should include a link to the relevant page of your website that lists all countries you deliver to. If you are able to deliver products worldwide, we can amend this clause accordingly. Please confirm.]. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
- If you order Products from our Website for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law or fail to comply with any such regulations.
- Price of Products and Delivery Charges
- The prices of the Products will be as quoted on our Website at the time you submit your Order to us. We use our reasonable endeavours to ensure that the prices of Products are correct at the time when the relevant information was entered onto our Website.
- Prices for our Products may change from time to time, but changes will not affect any Order you have already placed with us and we have accepted by virtue of the fact we have sent you our Dispatch Confirmation.
- The price of a Product [includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect] OR [is exclusive of VAT (if any). You shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on a supply of a Product] [DN: please confirm whether or not VAT is included in the price].
- The price of a Product does not include delivery charges or any costs or charges in relation to packaging, carriage, loading, unloading and insurance. [DN: is this correct?] Our delivery charges are as advised to you during the Order process before you confirm your Order. [DN: is this correct?]
- Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- How to Pay
- If you have a credit account with us, payment for the Products (including all associated costs and charges that may apply) must be made within 30 days following the date of our invoice for the Products. [DN: this is our understanding based on our original call to discuss. Please confirm.]
- If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
- If you do not have a credit account with us, you must pay for the Products (including all associated costs and charges that may apply) at the time you submit your Order. Payment can be made by debit card, credit card or BACS transfer [DN: is this correct? Are there any other payment options? Please confirm]. No payment shall be deemed to have been received until we have received cleared funds. Your payment will be processed by a secure connection at the time you place your Order on the relevant section of the Website. We will charge your debit card or credit card (or otherwise recover payment) on the date of your Order. We accept the following cards [and other methods of payment]:
- [insert list of accepted credit and debit cards and any alternative payment methods].
- Manufacturer Guarantees
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- Our Warranty for the Products
- For Products which do not have a manufacturer's guarantee, we warrant that, on delivery, the Products shall:
- be free from material defects in design, material and workmanship; and
- conform in all material respects with their description provided at the time of your Order.
- The warranty in clause 13.1 does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- you failure to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided (or otherwise stipulated) by you.
- Subject to clause 13.2, in the event that the Products supplied do not comply with the warranties in clause 13.1, we shall, at our sole option replace the defective Products (or defective components, as appropriate) or refund the price of the defective Products received in full.
- Our Liability
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
- Subject to clause 14.1, 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:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 14.1, our total liability to you in respect of all 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.
- 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.
- Events Outside Our Control
- 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 (as defined below).
- 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, 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.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your own cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges paid by you at the time you placed your Order.
- If you become subject to any of the events listed in clause 16.2, or we reasonably believe that you are about to become subject to any of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between us and you without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due.
- For the purposes of clause 16.1, the relevant events are:
- material breach by you of any of your obligations under the Contract; or
- you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply; or
- you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or makes a proposal for or enter into any compromise or arrangement with yours creditors; or
- (being an individual) you are the subject of a bankruptcy petition or order; or
- one or more of your creditors or encumbrancers attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days; or
- (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you; or
- (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver; or
- a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or
- any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 16.2.1 to 16.2.8 (inclusive); or
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business; or
- (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
- Communications Between Us
- When we refer, in these Terms, to "in writing", this will include e-mail.
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission.
- 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.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other Important Terms
- 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.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 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.
- 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.
- 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.
- A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). Nothing in this paragraph shall limit either parties' right to take proceedings or enforcement action against the other in any other court of competent jurisdiction, nor shall the taking of proceedings or enforcement action in any one or more jurisdictions preclude the taking of proceedings or enforcement action in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- Links to Third Party Websites
- The use of third party websites is entirely at your own risk. Where applicable, links contained in the Website may lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
- You are not permitted (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
- Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
- Complaints Procedure
- We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please contact us at the address Metano Limited, Unit 14/15 Whinfield Way, Whinfield Industrial Estate, Rowlands Gill, Tyne & Wear, NE39 1EH. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion in order to retain your valued custom.
- Intellectual Property
- All Website, design, text and graphics belong to us. All copyright, trade marks and other intellectual property belong to us.
- You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
- Data Protection
- You warrant to us that you have and shall at all times comply with all of your obligations under the Data Protection Act 1998 (Act) and all other relevant laws and e-privacy legislation and that you shall indemnify us (and keep us indemnified) in full against any costs, losses, damages, expenses or claims incurred by us (including but not limited to any fines imposed on us by the Information Commissioner's Office or other regulator as a direct or indirect result of your breach of this clause 23.1) as a result of a breach by you of your obligations under the Act or these Terms.
- If you register a Product on behalf of your customers, you shall be solely responsible for obtaining all consents, permissions and approvals from your customers relating to the collection and use of their personal data as is necessary to register the Product.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
This information is used only to send you transactional emails with respect to our website. You are able to adjust how you would like us to use this information by logging into your account and amending those options.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
SECTION 3 - DISCOLSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 5 - AGE OF CONSENT
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_metano_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_metano_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 days, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
metano_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 6 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 7 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at Metano Limited [Unit 14/15 Winfield Way Gateshead Rowlands Gill Tyne and Wear NE39 1EH]
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Please do not send your purchase back to the manufacturer.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Shipping To return your product, you should mail your product to: Unit 14/15 Winfield Way Gateshead Rowlands Gill Tyne and Wear NE39 1 EH.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.