TERMS AND CONDITIONS
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. 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.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you give 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.
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.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us.
SECTION 3 - DISCLOSURE
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 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES & CLEARPAY PAYMENTS
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In order to offer you Clearpay’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Clearpay, in order for Clearpay to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Clearpays Privacy Notice.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - 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 7 - COOKIES
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).
_shopify_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
_shopify_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 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your country or province of residence, or that you are the age of majority in your country or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
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.
This website is operated by Solumetics Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Solumetics Ltd.
Solumetics Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation (if applicable) to content posted on our sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.
WEB BROWSER COOKIES
How we use collected information
Solumetics Ltd collects and uses Users personal information for the following purposes:
TO IMPROVE CUSTOMER SERVICE
Your information helps us to more effectively respond to your customer service requests and support needs. To personalise user experience we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To administer a content, promotion, survey or other Site feature, we may send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails. The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
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. 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.
We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; defective products under the Consumer Rights Act 2015. As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
STANDARD WHOLESALE TERMS & CONDITIONS
In these Terms and Conditions the following words shall have the following meanings :-
“The Company” means Solumetics Ltd
“The Goods” means the products, articles or things which are supplied by the Company
“The Buyer” means the corporate entity firm or person being the purchaser of the Goods
Making the Contract
2.1 All orders placed by the Buyer for the Goods are subject to these Terms and Conditions.
2.2 These Terms and Conditions exclude any other terms and conditions additional hereto or which the Buyer might seek to impose.
2.3 No variation of these Terms and Conditions is permitted unless expressly accepted by the Company in writing.
2.4 A quotation provided by the Company is open for a period of 14 days only beginning with the date thereof, provided that the Company does not previously withdraw it. Any price list issued by the Company can be withdrawn without prior notice.
2.5 A contract is not made between the Buyer and the Company until the Company accepts an order by giving written notice to the Buyer or the Company attempts delivery of the Goods, whichever is the first to occur.
3.1 No cancellation of an order by the Buyer is permitted except where expressly agreed by the Company in writing.
3.2 The Buyer will in the event of agreed cancellation by the Buyer indemnify the Company fully against all expenses incurred up to the time of such cancellation together with (by way of liquidated damages) a sum representing the Company’s loss of profit.
Terms of Payment
4.1 Unless otherwise agreed in writing and stated on the invoice, all sums become due and payable by the Buyer under these Terms and Conditions not later than 14 days from the date of invoice by the Company. Time for payment shall be of the essence.
4.2 The Company reserves the right to charge interest at 5% above the base rate of Royal Bank of Scotland PLC on all overdue amounts, such interest being deemed to accrue on a day to day basis from the due date for payment.
4.3 If the Buyer fails to fulfil the terms of payment, the Company shall be entitled to demand payment of all outstanding balances whether due or not and/or cancel all outstanding orders whether due or not and/or decline to make further deliveries except on receipt of cash or other satisfactory security.
4.4 The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any order.
4.5 The Buyer shall have no right of set off, statutory or otherwise.
5.1 All items due for delivery shall be delivered to the address at which the Buyer’s account is registered, unless the Company is otherwise notified in writing.
5.2 Time of delivery is not of the essence.
5.3 The Company shall not be liable for any loss whatsoever or howsoever arising caused by its non-delivery or by the failure to make Goods ready for collection on the due date.
5.4 If the Company is prevented from delivering any Goods at the time provided for delivery by reason of any cause outside the reasonable control of the Company (including but not limited to fire, explosion, delay in supplies, interference by labour strikes or lock outs, or non-availability of transport or materials) then the date or period for delivery shall be extended by the duration of the delaying factors. If the delaying factors shall have operated for 12 weeks or more and shall still be operating, the Buyer may give written notice to the Company to terminate the contract in respect of those Goods which still remain to be delivered under the contract.
5.5 The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
5.6 If no date for delivery is stated, deliveries shall be made at a reasonable rate.
5.7 Deviations in the quantity of the Goods delivered representing not more than 10 per cent by value from that stated in the Buyer’s order shall not give the Buyer any right to reject the Goods or to claim damages and the Buyer shall accept and pay at the contract rate for the quantity of the Goods delivered.
5.8 If the Buyer shall fail to take delivery of the Goods when delivery is attempted or falls due, the Company shall be considered to have tendered and the Buyer to have refused to accept such delivery.
5.9 The Company shall pay the cost of carriage and packing on all orders for Goods to the net value of over £100 which are to be delivered in the United Kingdom, except where any order or part thereof is dispatched on the specific instructions of the Buyer in a particular manner, in which case the Buyer will pay the costs of carriage and/or packing as the case may be.
5.10 Except as provided in clause 5.9, the prices quoted by the Company do not include any carriage or packing charges and these shall be paid for by the Buyer.
6.1 No Goods may be returned by the Buyer except with the prior consent which is given by the Company, once the buyer has notified us by requesting a return. The signature of a delivery note does not constitute consent.
7.1 The drawings, designs, copyright and intellectual property in the Goods shall belong to the Company unless expressly agreed in writing to the contrary.
Risk and the passing of property
8.1 Title in the Goods shall not pass to the Buyer until payment is made by the Buyer of the price and all other monies due to the Company. At any time prior to such payment being made, the Company or its agents shall have the right to enter upon the premises where the Goods are stored and retake possession of them.
8.2 Risk in the Goods shall pass to the Buyer whenever the first of the following events occurs: the Goods are delivered to the Buyer’s address or such other address notified by the Buyer in writing; or if the Goods are collected, when the Goods are loaded onto transport provided by the Buyer or its agents.
8.3 The Company shall at any time be entitled to appropriate any payment made by the Buyer in respect of Goods in settlement of such invoices or accounts in respect of such Goods as the Company may in its absolute discretion think fit, notwithstanding any purported appropriation to the contrary by the Buyer.
8.4 If the Buyer:
8.4.1 makes default or commits any breach of its obligations to the Company and fails to remedy such default or breach within a reasonable time not exceeding 14 days; or
8.4.2 is involved in any legal proceedings in which its solvency is in question; or
8.4.3 is a company and any meeting is convened or resolution is passed or petition is presented (otherwise than for reconstitution or amalgamation) to wind it up, or a receiver is appointed or is subject to an administration order; or
8.4.4 ceases or threatens to cease to trade then in any such case the Company shall immediately become entitled (without prejudice to its other claims and rights under any contract) to suspend further performance of any contract for such time not exceeding six months as it shall in its absolute discretion think fit or (whether or not notice of such suspension shall have been given) to treat any contract as wrongfully repudiated by the Buyer and forthwith terminate such contract.
Inspection / Shortages, etc.
9.1 The Buyer is under a duty to inspect the Goods on delivery or on collection, as the case may be.
9.2 Claims for non-delivery must be made within 7 days of the invoice date.
9.3 The Company shall be under no liability for any defect, damage in transit or shortages that would be apparent on careful inspection if a written claim is not delivered to the Company within 2 days of delivery or collection of the Goods, as the case may be, detailing the alleged defect, damage or shortfall.
9.4 In all cases where defects, damages or shortages are complained of the Company shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Company.
9.5 Subject to Clause 9.2, Clause 9.3 and Clause 9.4, the Company shall make good any shortage in the Goods and (where appropriate) replace any Goods which are defective or damaged in transit as soon as it is reasonably able to do so, but otherwise shall be under no liability whatsoever arising from such shortage, defect or damage.
10.1 The Buyer should satisfy itself by inspecting and/or testing samples of the Goods or otherwise to establish that all Goods delivered are of merchantable quality and comply with all relevant legal requirements, and the Buyer will be deemed and conclusively presumed to have done so.
10.2 The Company warrants that on delivery the Goods are of merchantable quality and comply with all relevant legal requirements.
11.1.1. Nothing in Clause 11 shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting from negligence.
11.1.2. Each of the sub-clauses in Clause 11 is to be treated as separate and independent.
11.2 Warranty and Exclusions
11.2.1. The Company agrees that if any Goods are not of merchantable quality or compliant with all relevant legal requirements on delivery, the Company will at its own option replace the Goods at its own expense or refund the purchase price or a fair proportion of it.
11.2.2. Claims in respect of any issues covered by Clause 11.2.1 should be made as soon as such issues are reasonably capable of discovery but in any event within 14 days of delivery or collection of the Goods, as the case may be, failing which no such claims will be considered by the Company.
11.2.3. In consideration for receiving the benefit of Clause 9.5, Clause 10.2 and Clause 11.2.1, the Buyer agrees that no other warranties or indemnities, express or implied, statutory or otherwise, shall form part of any contract or shall be implied into any contract with the Company.
11.3 Exclusion of Consequential Loss
The Company shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in contract or tort or in any other way (including loss arising from the Company’s negligence).
The Company’s total liability for any one claim or for the total of all claims arising from any one act of default of the Company (whether arising from the Company’s negligence or otherwise) shall not exceed the contract price.
The Buyer shall not assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the Company.
Proper Law and Jurisdiction
The contract shall be governed by and construed in accordance with the laws of England.
The rights and remedies of the Company under the contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the Company, nor by any failure of or delay by the Company in asserting or exercising any such rights or remedies.
The headings of these Terms and Conditions are for convenience only and shall have no effect on the interpretation thereof.
Updated on 18/10/2021