Futuretro Ltd Terms and Conditions of Sale

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07423 565689.

Application

1. These Terms and Conditions will apply to the purchase of the goods or services by you (the Customer or you). We are Futuretro Ltd whose trading name is Futuretro, a company registered in England and Wales under number 04654079 whose registered office is at 9 Bridge Square, Farnham, Surrey, GU9 7QR with email address hello@futuretro.co.uk; telephone number 07423 565689; (the Supplier, we or us).
2. These are the terms on which we sell all Goods or Services to you. By ordering any of the Goods or Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods or Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
4. Contract means the legally binding agreement between you and us for the supply of the Goods.
5. Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
10. Website means our website www.futuretro.co.uk on which the Goods are advertised.

Goods and Services

11. The description of the Goods and Services are as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy
17. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.
21. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order, or by using any other payment method specified on the website, according to the terms laid out in this document. We will take payment immediately or otherwise before delivery of the Goods.

Delivery and Installation

27. On acceptance of your order we will provide you with a provisional Delivery Date. Because of the nature of the Goods you accept that this date will be subject to change by us and we will inform you of any change as soon as possible.
28. On completion we will deliver the Goods, to the Delivery Location within mainland Britain at the price shown on the website unless we have agreed with you, in writing, at the time of placing your order, a different price.
29. We do not generally deliver to addresses outside mainland Britain. If, however, we accept an Order for delivery outside that area, we will agree a price for delivery, in writing, before accepting your Order and you may need to pay import duties or other taxes, as we will not pay them.
30. The prices quoted on the website for Delivery also include the Installation of the Goods at the Delivery Location.
31. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
32. When the Goods have been installed at the Delivery Location you must sign the Delivery and Installation form from which point onwards the Goods will become your responsibility and you accept that we are no longer responsible for the safety or operation of the Goods.

Risk and Title

33. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you and installed at the Delivery Location.
34. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right you have to use the Goods.

Withdrawal, returns and cancellation

35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised.

Right to cancel

37. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days of signing the contract without giving any reason. We will return any monies paid to us by you within 14 days of receiving your notice of cancellation less the cost of any materials that have already been purchased for your Order and an administration charge based on the amount of time already spent on your Order.
38. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You must be able to show clear evidence of when the cancellation was made.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
40. For the purposes of the Cancellation Rights, these words have the following meanings:
    1. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Successors and our sub-contractors

41. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

42. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

43. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
44. These Terms and Conditions should be read alongside, and are in addition to, our privacy policy.
45. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
46. We are a Data Controller of the Personal Data we Process in providing Goods to you.
47. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
48. For any enquiries or complaints regarding data privacy, you can e-mail: hello@futuretro.co.uk

Excluding liability

49. The Supplier does not exclude liability for:
    1. any fraudulent act or omission; or
    2. for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for
       1. loss which was not reasonably foreseeable to both parties at the time when the
          Contract was made, or
       2. loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which
          would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

50. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
51. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
52. We try to avoid any dispute, so we deal with complaints in the following way:
    In the event of a dispute, customers should contact us in order to find a suitable resolution of their issue. We will aim to respond with an appropriate solution within one week.