Terms and Conditions of Sale

Please read the following Terms and Conditions carefully. They contain important information about your rights and obligations. We recommend you print out these Terms and Conditions from the Site by clicking on the print icon on your browser and keep them for your future reference.

1. About us and these Terms and Conditions

1.1 "We" are Trade Security Systems Limited, a company registered in England with registered number 4355850 whose main address is at Rembrandt House, Entrance B, Whippendell Road, Watford, Hertfordshire, WD18 7PG and with registered office at Sheridan House, 17 St Anns Road, Harrow, Middlesex, HA1 1JU. If you have any comments or suggestions, we would be pleased to receive them at our main address or by e-mailing us at info@tss.gb.com. Alternatively, you may fax us on +44 (0)1923 210511.

1.2 These Terms and Conditions govern the supply by us of any products ordered by you on the www.tss.gb.com web site ("the Site"). The particular product that you order at any one time from us is referred to in these Terms and Conditions as "the Product". Further details of the Product can be obtained by reviewing the Site and contacting us. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

1.3 In these Terms and Conditions:

1.3.1 "you" means a customer who orders a Product from us;

1.3.2 "the Contract" means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with clause 2.8 below. If you order more than one Product or several units of the same type of Product, each unit of each Product will constitute a separate Contract; and

1.3.3 a "business day" means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom.

2. Making Orders of Products

2.1 When making an order on the Site, you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it to us.

2.2 Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told the charges you must pay including VAT, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in England. Subject to clause 2.10 below, this is the total that you will pay for receipt of the ordered Product. There are no extra charges unless you opt for a premium delivery service or we agree to make delivery outside of mainland United Kingdom, in which case we shall inform you of any additional cost before we agree to your request.

2.3 When you order on the Site, you shall pay for the Product at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds. We may obtain the money for payment of the Product before we have accepted your order.

2.4 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us.

2.5 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or other payment method, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit or debit card details before providing you with the Product.

2.6 When you submit an order to purchase a Product from us, you agree that you do so subject to these Terms and Conditions current at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.

2.7 Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.

2.8 We shall not be obliged to supply the Product to you until we have accepted your order. Unless expressly stating that we accept your order, an e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute acceptance of your order. In that acknowledgement of order, we will give you an order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including (but not limited to) unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your order first). The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order. Unless we expressly accept your order by e-mail, letter or fax to you, acceptance shall take place when we commence delivery. We may send a confirmatory invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment made by you or your credit or debit card company to us for the order of the Product.

2.9 If you discover that you have made a mistake with your order after you have submitted it to us, please contact info@tss.gb.com immediately.

2.10 We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

2.11 Any order you make on the Site excludes installation and any other services. We recommend that you obtain professional installation services before first using the Product and we would be happy to provide that service for you, but we would need to conduct a detailed site survey and agree the price with you first. Those services are subject to other terms and conditions.

3. Delivery of the Product

3.1 We aim to deliver the Product to you at the place of delivery requested by you in your order. Alternatively, you may let us know if you wish to collect the Product from us at our premises, in which case we shall tell you when it is ready for collection.

3.2 We aim to deliver or let you know when the Product is ready for collection within the time indicated by us at the time of your order but we cannot promise an exact date at the time of your order. If we offer you the premium delivery service option, we aim to deliver to you during the time slot and at the date specified in your order. We shall not be liable to you for late delivery or for informing you late that the Product is ready for collection. Delivery times given by us or on the Site are estimates only.

3.3 We may deliver in instalments.

3.4 Unless you opt for premium delivery service, we are unable to say at what time of day delivery is likely to take place. If you have specific delivery requirements, please contact us and we will try to do what we reasonably can to help.

3.5 On delivery of the Product, you may be required to sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

3.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will notify you using your contact details and arrange for cancellation of the order or an alternative delivery address.

3.7 You shall own the Product when we dispatch it to you (ie when we deliver it to the courier or consign it to the post (as applicable)). Risk in the Product shall pass to you on dispatch, unless delivery is by premium delivery service in which case risk shall pass to you on delivery to the address to which we agree to deliver. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

3.8 In respect of an order that we accept, we may inform you if we are unable to supply the Product to you within 10 business days of the date on which we accepted it. However, if you have not received the ordered Product or (if you asked to collect it) you have not been informed that it is ready for collection within 28 days (or such other period as you and we may agree) of the date on which you ordered it and risk has not yet passed to you under clause 3.7, then you or we may cancel your order or the Contract. In that event, within 14 days of the end of that 28 day (or amended) period we shall refund to you or your credit or debit card company as applicable any money paid to us under the Contract.

3.9 To the extent permitted by law, we shall not be liable for any losses, costs, damages, charges or expenses which you may incur as a result of late delivery or collection.

3.10 If you are not available to take delivery or collection at the designated time, we may leave a card giving instructions on either redelivery or collection from the carrier.

3.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or to collect it (after you have told us that you would like to collect it), then we may (without affecting any other right or remedy available to us) do either or both of the following:

3.11.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; and

3.11.2 notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us under the Contract, less our reasonable charges for delivering and returning the Product.

4. Returning the Product

4.1 THE REMEDIES IN CLAUSE 4 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU MAY HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY. THIS CLAUSE 4 APPLIES ONLY IF YOU BUY AS A CONSUMER.

4.2 Subject to the rest of this clause 4, irrespective of your other rights for faults with the Product, you may cancel the Contract and return any delivered or collected Product to us for any reason at all if you are not happy with it, provided that you must have notified us in writing or by e-mail between our acceptance of your order and 10 business days after delivery or collection of the Product that you wish to cancel the Contract and (if already delivered or collected) to return the Product. The notice must be delivered by hand or sent by post to "After-Sales" at our main address stated in clause 1.1 or sent by e-mail to info@tss.gb.com, or sent by fax to the number stated in clause 1.1 above, in each case quoting our order reference number and delivery details. The return of the Product must be to this address. The notice shall be deemed to have been given on the day on which it was sent.

4.3 We shall not be obliged to accept returns of any software, where the seal around it has been broken after delivery.

4.4 If you return the Product:

4.4.1 we will only accept it if you return it to us in its original condition. Please note that the Product is your responsibility and at your risk until we receive it and if you send it by post we recommend that you send it by courier and get a certificate of postage. You shall be responsible for paying all the costs of returning the Product. If we have not received the Product within 15 days of your notice of intention to return, you agree that we will be authorised to collect the Product from you and obtain from you or your credit or debit card company our reasonable charges for the cost of collection and return of the delivered Product under the cancelled Contract; and

4.4.2 within 30 days of your notice of intention to return, we shall refund the payment made by you or your credit or debit card company to us for our sale of the Product. Except where the Product is delivered to you in error or it is defective or otherwise did not conform to the Contract, we shall deduct our reasonable charges for collecting the returned Product from you.

5. Faulty Products

5.1 THIS CLAUSE 5 DOES NOT AFFECT YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER.

5.2 We try very hard to deliver fully working Products. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.

5.3 In order to provide any remedies, we may need your assistance with the prompt provision of certain information regarding the Product.

5.4 If you return the Product, you must ensure that the Product is adequately packaged for carriage. We shall not accept any responsibility for damage caused by inadequate packaging by you.

5.5 If you would like us to repair, replace or provide a refund for the Product where it did conform to the Contract, or we find that the Product has:

5.5.1 been misused or subjected to neglect, carelessness, damage or abnormal conditions; or

5.5.2 been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

5.5.3 been dealt with contrary to the instructions for the Product; or

5.5.4 deteriorated through normal wear and tear,

after delivery by us, we may at our discretion decide not to repair, replace or refund the Product and/or we may require you to pay all reasonable carriage costs and our current standard fees and costs and charge this to your credit or debit card.

5.6 We recommend that you ensure the Product works before you use it and if necessary have it professionally installed and tested. We require you to keep a record of having done this. We shall be liable to you for repairing or replacing or providing a full refund for a faulty Product including VAT and delivery costs for 12 months from delivery (or any longer period required by law if you are consumer), but other than that, to the extent possible by law, we shall not be liable to you for any other losses resulting from your use of a faulty Product that you have not installed and tested properly first. If you do test a Product first and discover that it is faulty, then you must not use it. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or for any other liabilities that we cannot exclude at law.

5.7 If we send you a replacement Product, we will do so by standard delivery, not premium delivery service, unless you pay an uplift for the premium delivery service.

5.8 We shall not be liable for problems caused by batteries or power supplies not working.

6. Circumstances beyond our control

6.1 We shall not be liable for any delay, hindrance to us or failure to deliver due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change. However, if you have not received the ordered Product within the agreed time in accordance with clause 3.8, you may cancel your order or the Contract.

7. Notices

7.1 Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under the Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.

7.2 Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the UK or seven business days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or an answerback signal received.

8. General

8.1 We shall keep a record of your order and these Terms and Conditions until six years after we have accepted your order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your order and any e-mail or written acknowledgement that we make.

8.2 No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.

8.3 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

8.4 These Terms and Conditions, together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.

8.5 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the Contract.

8.6 The Contract shall be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

8.7 We have used our best endeavours to ensure that our supply of the Products complies with English laws. However, we make no representations and give no warranties that the Products are appropriate or available for use in locations outside of England and Wales. Anyone who orders Products from the Site does so on their own initiative and is responsible for compliance with all applicable laws. If ordering Products from the Site is contrary to or infringes any applicable law in your jurisdiction, you should not make the order.

Version 001: December 2005