ONLINE TERMS AND CONDITIONS OF SALE AVON PROTECTION A TRADING NAME OF AVON POLYMER PRODUCT LIMITED
- ABOUT US
1.1 Company details. We are Avon Protection, a trading name of Avon Polymer Products Limited, a company registered in England and Wales, with company number 00149360.
1.2 Contacting us. You can contact us using the contact details set out in section 18 “Contact us”.
1.3 Information about us and our products. You can find everything you need to know about us and our products on our website, or from our Customer Service Team before you place an order.
1.4 There are other terms that also apply to you. These terms and conditions refer to additional policies which should also be read alongside these terms and conditions being our Shipping Policy and Export Control Policy which will apply to all sales we make through our website.
- OUR CONTRACT WITH YOU
2.1 In these terms and conditions:
2.1.1 “we” means Avon Protection a trading name of Avon Polymer Products Limited;
2.1.2 “you” means our customer or prospective customer; and
2.1.3 “us”, “our” and “your” should be construed accordingly.
2.2 These terms and conditions apply to the sale and purchase of products through our website.
2.3 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.4 These terms and conditions apply to both consumers and business customers. If you are a consumer, this document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015) as set out below.
2.5 If you are a business customer, these terms and conditions, including our Shipping Policy and Export Control Policy, constitute the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.6 Please note that some sections of these terms and conditions only apply if you offer to contract with us, or contract with us, as a consumer and some sections only apply if you offer to contract with us, or contract with us as a business customer. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a consumer if you are an individual acting wholly or mainly outside your trade, business, craft or profession and you are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
- ORDER PROCESS
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order subject to these terms and conditions. You can make a purchase via our website by following the steps below:
3.1.1 You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
3.1.2 You may checkout as a guest, in which case your details are only stored in relation to supporting the transaction.
3.1.3 You must then enter your contact details, billing and delivery address before being transferred to our payment service provider’s website and our payment service provider will handle your payment.
3.1.4 We will then send you an order confirmation to let you know that we have received your order and usually, within 48 hours, we will confirm that your order has been accepted or that we are unable to meet your order (as detailed below).
3.2 Order confirmation. After you place an order, we contact you to confirm we've received your order but please note that this does not mean that your order has been accepted.
3.3 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence. Please note that your order may be subject to fraud or other regulatory checks (such as ‘Denied Parties Screening’). You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any order.
3.4 If we cannot accept your order. If we are unable to supply you with the products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
- PRODUCTS AND EXPORT CONTROL
4.1 The images of the products on our website are for illustrative purposes only.
4.2 The packaging of our products may vary from the images shown on our website.
4.3 Unless clearly marked as ‘No Licence Required’, all Avon Protection products are controlled as dual use controlled products under the UK Strategic Export Control List and require an export licence from the Export Control Joint Unit prior to export. Please see further information in our Export Control Policy.
4.4 The export controlled products are shipped under the following export licences:
Ireland: Controlled products exported to Ireland are exported under the following export licence: GBOGE2019/00135 OGEL (Export of Dual use items to EU Member States). By placing an order, you agree to comply with the terms and conditions of the licence, a copy of which can be found here: Open General Export Licence Export of Dual-Use items to EU Member States
Australia: Controlled products exported to Australia are exported under the following export licence: UK retained GEA 001 GBOGE2020/01426 GEA 001 By placing an order for delivery to Australia, you agree to comply with the terms and conditions of the licence, a copy of which can be found here: Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast).
4.5 You are not permitted to export or re-export the goods. By placing an order, you represent and warrant that you will not export or re-export the Products or technical data related thereto except in conformity with all applicable export control laws, including those of the United Kingdom.
5. DELIVERY, TRANSFER OF RISK AND TITLE
5.1 Our policies and procedures relating to the delivery of products are set out in our Shipping Policy.
5.2 We will arrange for the products you purchase to be delivered to the address for delivery set out in your order.
5.3 We will contact you with an estimated delivery date. Any dates quoted for delivery are approximate only. Occasionally our delivery to you may be affected by an event outside our control. See section 12 “Events outside our control” for our responsibilities when this happens.
5.4 Delivery is complete once the products have been unloaded at the address for delivery set out in your order and the products will be at your risk from that time.
5.5 If we fail to deliver the products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality. However, we will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6. INTERNATIONAL DELIVERY
6.1 We will only deliver products to addresses on the UK mainland, Ireland and Australia.
6.2 For delivery to addresses outside of the UK, please note that:
6.2.1 your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You may be offered to pre-pay duties and taxes at checkout. Not all products and not all destinations support pre-payment of duties and taxes, and we cannot guarantee that your order will be eligible for such pre-payment. The checkout will provide details, itemize or indicate if the price paid is inclusive or exclusive of duties and taxes before you complete and place the order. If duties and taxes were not paid when you placed your order, you will be fully responsible for paying all applicable duties and taxes directly to the relevant authority as determined and assessed by such authorities.
6.2.2 you must comply with all applicable laws and regulations of the country for which the products are destined, including all applicable import and export control laws; and
6.2.3 we will not be liable or responsible if you break any such law.
7. PRICES
7.1 The prices of our products will be as quoted on our website at the time you submit your order. We take reasonable care to ensure that the prices of our products are correct at the time when the relevant information was entered onto the system. However, please see section 7.5 for what happens if we discover an error in the price of the products you ordered.
7.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
7.4 The price of the products do not include delivery charges or any applicable import or sales taxes. Our delivery charges, duties and taxes (if applicable) are advised to you during the check-out process before you confirm your order.
7.5 We sell many products through our website. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 where the products’ correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you; and
7.5.2 if the products’ correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the products and refund you any sums you have paid.
8. HOW TO PAY
8.1 When we charge you
8.1.1 We charge you when you place your order. Payment for the products and all applicable delivery charges are to be paid in advance.
8.1.2 You can only pay for the products using the permitted payment methods specified on our website from time to time.
9. RETURN AND REFUND
- Except for any products designated on the Site as non-returnable, we will accept a return of the products for exchange or refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned unused and in their original packaging. Respirators may only be returned if they are unopened and remain sealed in their original packaging.
- To return products, you must obtain prior authorization and a Return Merchandise Authorization ("RMA") number by sending an email to emeacustomerservice@avon-protection.com. An Avon Protection representative will respond to you. If the return is authorized, Avon Protection will provide an RMA number. No returns of any type will be accepted without an RMA number.
9.3 Unless otherwise agreed, you are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
9.4 Your refund will be issued after product has been reviewed by Avon Protection’s Quality Assurance Department. Your refund will be credited back to the same payment method used to make the original purchase on the Site. Duties and taxes are normally non-refundable. Unless explicitly stated otherwise, you will be fully responsible for claiming back any duties and taxes from the applicable authority, WE DO NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
10. WARRANTY
10.1 Warranty period. Avon Protection’s product warranties are defined on the Site at Warranty | Avon Protection
10.2 The product warranty covers defects in materials and workmanship in products purchased from the Site.
10.3 What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i) transportation;
(ii) storage;
(iii) improper use;
(iv) failure to follow the user guide or instructions or to perform any preventive maintenance;
(v) modifications;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Avon Protection ;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control
10.4 Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team by email emeacustomerservice@avon-protection.com. To return products, you must obtain prior authorization and a Return Merchandise Authorization ("RMA") number by sending an email to emeacustomerservice@avon-protection.com. No returns of any type will be accepted without an RMA number.
10.5 Remedies available. With respect to any defective products during the specified warranty period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
10.6 Exceptions to the warranty. We will not be liable for a product's failure to comply with the warranty given by us if:
10.6.1 you make any further use of such product after telling us it is non-compliant;
10.6.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
10.6.3 the defect arises because we followed any drawing, design or specification supplied by you;
10.6.4 you alter or repair the product without our written consent; or
10.6.5 the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11. WITHDRAWING PRODUCTS
We can withdraw products. We can stop providing a product on our website. If we do, we let you know in advance and we refund any sums you've paid in advance for products which won't be provided.
12. EVENTS OUTSIDE OUR CONTROL
12.1 If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.
12.2 If the delay is likely to be substantial, you can contact our Customer Service Team, details below, to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
13. LIMITATIONS AND EXCLUSIONS OF LIABILITY
13.1 We don't compensate you for all losses caused by us or our products. Whether you are a consumer or a business, we will not be responsible for your losses where the loss is:
13.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
13.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 12.
13.1.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your product by not following the instructions provided.
13.2 Our liability. Except in respect of the losses described in section 13.3 “Losses we never limit or exclude”:
13.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of or damage to profits sales. business, revenue, corruption of data, information, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
13.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the relevant products under such contract.
13.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
13.3.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
13.3.4 defective products under the Consumer Protection Act 1987; or
13.3.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.4 No implied terms about goods. If you are a business, except to the extent expressly stated in these terms and conditions, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
14. HOW WE USE YOUR PERSONAL DATA
We use your personal data as set out in our privacy policy
15. DISPUTES
15.1 You have several options for resolving disputes with us.
15.1.1 Our complaints policy. Our Customer Service Team by email: emeacustomerservice@avon-protection.com will do their best to resolve any problems you have with us or our products.
15.1.2 These terms are governed by English law. all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
16. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
16.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer, we'll contact you to let you know if we plan to do this.
16.2 You can only transfer your contract with us to someone else if we agree to this. If you're a consumer or a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
16.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
16.6 We reserve the right to modify these terms at any time. Such change will take effect on the posting date of the revised terms, and your use of the checkout after such changes have been posted means that you agree to be bound by the terms as modified. However, no such change will affect any order that you have already placed.
17. OUR COMPANY DETAILS
17.1 Our company details are set out below:
Company name
Avon Polymer Products Limited
Company number
00149360
Trading name
Avon Protection
Registered office
Hampton Park West, Semington Road, Melksham, Wiltshire, SN12 6NB United Kingdom
18. CONTACT US
Our contact details can be found by clicking on the following link:
Customer Service & Warranty | Avon Protection
Annex I
1. AUSTRALIA
(a) All terms, conditions, warranties and representations that might otherwise be granted or implied by Australian law, are hereby expressly excluded, except for any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent, as between the parties by law including liability under the Competition and Consumer Act 2010 (Cth). Nothing restricts your rights under the Australian Consumer Law.
2. UNITED KINGDOM AND EUROPEAN UNION
(a) you may have legal rights in relation to products that are not as described, not of satisfactory quality, or otherwise not fit for purpose.