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Terms & Conditions for Business users
This agreement applies as between you, the User of this Website or Purchaser and Simply Foam Products Ltd, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser's order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
2. Business Customers
These Terms and Conditions apply to business customers only. For non business customers please see non business customer terms & conditions located here.
3. International Customers
If Goods are being ordered from outside Simply Foam Products Ltd's country of residence, import duties and taxes may be incurred once the Goods reach their destination. Simply Foam Products Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Simply Foam Products Ltd gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Simply Foam Products Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Simply Foam Products Ltd.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Simply Foam Products Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so without prior permission, as long as the other site(s) are not pornographic/adult oriented or link farms.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 obscene or vulgar language must not be used;
9.2 You acknowledge that Simply Foam Products Ltd reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that Simply Foam Products Ltd may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the forums may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.1 In order to purchase Goods on this Website and to use the enquiry facilities a User may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User's use of the Website as we may not require payment information until a purchase is to be made. We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.2 It is recommended that you do not share your Account details, particularly your username and password. Simply Foam Products Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Simply Foam Products Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Simply Foam Products Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either Simply Foam Products Ltd or a User may terminate an Account. If Simply Foam Products Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If Simply Foam Products Ltd terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
11.3 Simply Foam Products Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
11.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
12.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Simply Foam Products Ltd.
12.2 Interest will be charged on a daily basis, commercial interest at 5% above the base rate of the Bank of England obtaining at the time.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Simply Foam Products Ltd correspond to the actual Goods, Simply Foam Products Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size, colour, number and other features of the Goods that you are purchasing.
13.3 Simply Foam Products Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. Simply Foam Products Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Simply Foam Products Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Website do include VAT. Simply Foam Products Ltd's VAT number is 748237313.
14. Property, Risk and Account of Profits
14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Simply Foam Products Ltd. Title remains with Simply Foam Products Ltd until payment is complete.
14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Simply Foam Products Ltd or forming a component part of a larger Good, and any amount of the purchase price payable to Simply Foam Products Ltd remains outstanding, the Purchaser must account to Simply Foam Products Ltd for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Simply Foam Products Ltd until payment has been received in full by Simply Foam Products Ltd.
14.3 Simply Foam Products Ltd reserves the right to trace all proceeds under the principles of Re Hallett's Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Simply Foam Products Ltd has the right to enter the Purchaser's premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of Simply Foam Products Ltd.
15.1 Simply Foam Products Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15.2 If Simply Foam Products Ltd receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
16. Returns Policy
Simply Foam Products Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions
16.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 5 working days to arrange collection and return. Simply Foam Products Ltd is responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
16.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact Simply Foam Products Ltd within 3 working days to arrange collection and return. Simply Foam Products Ltd is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.3 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Simply Foam Products Ltd within 3 working days and arrange collection and return. Simply Foam Products Ltd is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.4 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Simply Foam Products Ltd within 5 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Simply Foam Products Ltd. Goods made to your specifications or that have been personalised; (e.g foam cut to size) cannot be returned for this reason. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
16.5 If the Purchaser wishes to return Goods to Simply Foam Products Ltd for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
16.6 Simply Foam Products Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16.6.1 Any use or enjoyment that you may have already had out of the Goods.
17.3 If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browsers help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu. However this will restrict the use of the site and you will not be able to place any orders.
18.1 Simply Foam Products Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst Simply Foam Products Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
Simply Foam Products Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Simply Foam Products Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
20. Availability of the Website
20.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 Simply Foam Products Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, Simply Foam Products Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Simply Foam Products Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Simply Foam Products Ltd.
21.3 Nothing in these Terms and Conditions excludes or restricts Simply Foam Products Ltd's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
21.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Simply Foam Products Ltd.
25.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 Simply Foam Products Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'unsubscribe' link in any email which you receive from us.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Simply Foam Products Ltd shall be governed by and construed in accordance with the Law of England and Wales and Simply Foam Products Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.