In these terms and conditions, "we" "us" "our" and "the Company" refers to The 4 Marketers Limited – T/A 4thelockers.co.uk. "the Contract" means the contract between the Company and the Customer for the sale or supply of Goods. "the Customer" means the person, firm or Company with whom the Contract is made by the Company. "the Goods" means any goods, equipment, parts, spares or any other articles to be supplied by the Company to the Customer under the terms of the Contract. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of the United Kingdom only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Unless otherwise agreed expressly in writing by a Director of the Company all Goods subject to Contract are sold subject to the following conditions to the exclusion of any conditions of the Customer and no agent or representative of the Company has any authority to carry or omit these conditions or any of them unless the same is accepted in writing by a Director of the Company.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, you generate a password. On registration you agree to pay for our products as set out on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our services are intended to be used by registered users within the United Kingdom only.
Our Website Services
Our services are provided to adults over the age of 18 years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Great British Pounds (GBP) and are exclusive of VAT. We endeavour to ensure that our prices are current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
Unless otherwise agreed in writing all prices exclude the cost of delivery where the Contract total is less than £150 exclusive of VAT.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in neither true colour nor that any given image will reflect or portray the full design or options relating to that product.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
We supply and dispatch our products to customers within the United Kingdom only. Delivery charges and free delivery are relevant to mainland UK excluding some Highland and Island areas.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Delivery will be deemed to have taken place in accordance with the Contract when delivery of the goods is made by the Company to the delivery address agreed between the Company and the Customer. The Customer shall not be entitled to raise any claim for non delivery or short delivery unless within 7 working days of receipt the Customer gives written notice to the Company providing the Company with full details of the claim.
The Company shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery of the goods, who signs a note in respect of the Goods on behalf of the Customer or the Customers customer (if the Company has agreed to deliver direct to the Customers customer) does in fact have the authority.
Any dates and delivery times quoted for the delivery of Goods are given in good faith and are approximate only and the Company shall not be liable for any delay in delivery of Goods howsoever caused.
Failure to deliver at the time stated will not be sufficient cause for cancellation and the Company shall not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by the Customer.
Partial delivery of orders by the Company is allowed unless mutually agreed in writing by both parties. Failure by the Company to deliver the rest of the Goods shell not entitle the Customer to either treat the order as a whole as repudiated or to refuse to accept delivery of any other order or delivery from the Company.
If the address for delivery of the Goods agreed between the Customer and the Company is for delivery by the Company directly to the Customer's customer then for all purposes in connection with these Conditions any such direct delivery shall be deemed to be delivery to the Customer and any refusal by the Customer's customer to accept such delivery shall be deemed to be a refusal by the Customer.
The Customer shall bear all costs associated with the unjustified refusal of Goods delivered. If the Goods are refused on the grounds that the Customer wrongly placed the order, and the Company accepts the refusal, then the Company reserves the right to charge additional fees for the return transportation and administrative expenses related thereto.
Terms and Payment
Unless the Company shall have previously agreed in writing with the Customer that the Goods shall be supplied on approved credit terms, payment or the Goods shall be made in full by credit/debit card prior to acceptance of the Customer's order.
Where the Company has agreed to supply the Goods on credit and unless otherwise agreed in writing by the Company the Customer shall pay the price of the Goods within 30 days of the date of the Company's invoice notwithstanding that the property in the products has not passed to the Customer. Invoices will be dated the day of dispatch of the Goods. The Company shall be entitled at its absolute discretion to alter payment terms (other than on concluded contracts) and withdraw, suspend or alter credit limits or terms of credit granted at any time without notice.
The time of payment of the price shall be of the essence of the Contract. If the Customer fails to make payment on the due date for payment or if there is any default or refusal on the part of the Customer to take due delivery of any Goods all monies owing (whether due or not) by the Customer to the Company shall become immediately due and payable and then without prejudice to any other right or remedy available to it the Company shall be entitled to:
suspend any further deliveries of Goods to the Customer or terminate the Contract or suspend any services being provided to the Customer.
charge interest calculated on a daily basis on all unpaid sums due to the Company from the Customer at the rate of 8% per annum above the Bank of England base rate (whether before or after judgment) calculated from the due date of payment until receipt by the Company.
The Customer will pay all costs and expenses, including without limitation, legal and other debt collection expenses incurred by the Company in recovering and attempting to recover all or any amounts due to the Company from the Customer.
All payments must be made without any deduction or set off of any kind
Title and Risk
Legal and beneficial ownership of the Goods shall remain with the Company until unconditional payment in full has been received by the Company for all monies due to the Company under all Contracts between the Company and the Customer.
All risk and responsibility for safe keeping, maintenance and insurance passes to the buyer upon delivery.
Notwithstanding that the legal and beneficial ownership in the Goods has not passed to the Customer the Company shall at all times be entitled to maintain a claim and any legal proceedings against the Customer for the price of Goods supplied by the Company to the Customer.
At any time prior to the property in Goods passing to the Customer (whether or not any payment to the Company is then overdue or the Customer is otherwise in breach of any obligation to the Company) the Company may (without prejudice to any other of its rights including the right to demand payment of all monies due to the Company):
retake possession of all or any part of the Goods and enter any premises for that purpose (or authorize others to do so) which the Customer hereby authorises; and/or require delivery up to it of all or any part of the Goods.
Loss Or Damage In Transit
When the price quoted includes delivery, and except where the Customer has given special instructions as to carriage or delivery and delivery has been made to the order of the Customer the Company will either repair or replace free of charge Goods damaged in transit or allow credit.
The Company shall not be responsible for damage to any of the Goods or loss of the Goods or part thereof in transit unless the Customer gives notice in writing of a claim to the Company and to the Carrier within 7 working days of the date on which the Goods were delivered.
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated "contact us" webpage where we set out our requirements relating to return of such goods.
We also undertake to exchange or refund any undamaged product, excluding specially manufactured items, purchased from us so long as it is returned unused and with proof of purchase within 7 working days of purchase. If undamaged goods are returned to us for exchange or refund, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server or other technical issues. Therefore we will not be liable if this website is unavailable at any time.
When using this website you shall not post or send to or from this Website any material: for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of these conditions.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called "Comments") which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than 30 working days, we may terminate this Agreement by giving at least 5 working days Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Data Protection Act 1998 - The Company hereby notifies the Customer, including sole trader Customers that Personal Data (as defined in the Data Protection Act 1984 or any amendment or re-enactment thereof) in respect of a Customer which is obtained in the course of any contract to which these terms and conditions relate will be held and may be used by the Company or transferred to the Company's financiers for the purpose of assessing the level of credit which should be extended to the Customer or for the purpose of obtaining sales ledger finance. The Company and or the Company's financiers will from time to time make searches with a credit reference agency, which will keep a record of that search and will share that information with other businesses. The Company will also monitor and record information relating to your trade credit performance and such records will be made available to other organizations to assess applications for credit. The information may also be used for the future marketing or related products and services unless the subject of the personal data gives the Company notice in writing to the contrary.
The Customer may obtain copies of the personal data held by the Company upon payment of the prescribed fee.
These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.