This page (together with the documents referred to on it) tells You the terms and conditions on which we supply the Tags listed on Our website www.petscribe.co.uk (Our site) to You. Please read these terms and conditions carefully before ordering any Products from Our site. You should understand that by ordering any of the Tags, You agree to be bound by these terms and conditions and the terms and conditions outlined in the Petscribe Hire Agreement.
However, in the event of conflict in terms, You acknowledge that the Petscribe Hire
Agreement terms shall prevail to the extent of any such conflict.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 The Tags are supplied by Inspired Gaming (UK) Limited (We/Us/Our). We are registered in England and Wales under company number 03565640 and with our registered office at 3 The Maltings, Wetmore Road, Burton on Trent, Staffordshire, DE14 1SE
1.2 www.petscribe.co.uk is a site hosted by Beehive Design registered at 12 Grange Road, Little Cransley, Kettering, Northants, NN14 1PH
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally authorised to enter into binding contracts; and
(b) You have a Petscribe Hire Agreement in place with Us
(c) You agree to purchase a minimum of 500 Tags for the Petscribe engraver unit and 1000 Tags for the Quicktag engraver unit.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order hasbeen accepted. Your order constitutes an offer to Us to purchase theTags at the price detailed in Your Petscribe Hire Agreement with Us. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending you an email that confirms that the order for the Tags has been received and Our (the Order Confirmation). A further e-mail will be sent by Us confirming Our acceptance of the order and the Tags have been dispatched (the Dispatch Confirmation). The contract for the Supply of the Tags between Us (Contract) will only be formed when we send You the Dispatch Confirmation.
3.2 In the unlikely event that We dispatch incorrect Tags, You must notify Us immediately and We will dispatch the correct Tags together with a SAE for You to return the incorrect Tags to Us.
4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, unless there are exceptional circumstances.
5. RISK AND TITLE
5.1 Risk of damage to or loss of the Tags You on delivery Ownership of the Tags will not pass to You until We have received in full (in cash or cleared funds) all sums due to it in respect of the Tags
5.2 Until ownership of the Tags has passed to You, You must:
5.2.1 hold the Tags on a fiduciary basis as Our bailee
5.2.2 store the Tags (at no cost to Us) separately from all other goods or any third party in such a way that they remain readily identifiable as Our property
5.3 You may resell the Tags before ownership has passed solely on the following conditions:
5.3.1 any sale will be effected in the ordinary course of Your business at full market value and You will account to Us accordingly; and
5.3.2 any such sale will be a sale of Our property on Your own behalf and You will deal as principal when making such a sale.
5.4 Your right to possession of the Tags will terminate immediately if:
5.4.1 You suffer an event of insolvency or bankruptcy or fail to observe or perform any of Your obligations or duties under these terms and conditions or the Petscribe Hire Agreement or any other contract between Us and You, or You are unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or You cease to trade
5.5 We will be entitled to recover payment for the Tags notwithstanding that title in any of the Tags has not passed from Us
5.6 You will grant Us, Our agents and employees an irrevocable licence at any time to enter any premises where the Tags are or may be stored in order to inspect them, or, where Your right to possession has terminated, to recover them.
6 PRICE AND PAYMENT
6.1 The price and payment terms for the Tags will be as quoted on the Petscribe Hire Agreement
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery guide as outlined in the Dispatch Confirmation.
7 OUR LIABILITY
7.1 Other than any express warranties detailed in these terms and conditions and the Petscribe Hire Agreement, We exclude all warranties, representations, guarantees, conditions and terms whether express or implied by statute, common law, trade, usage or otherwise and whether written or oral including as to the quality or description of the Tags or their fitness for any particular purpose
7.2 Our liability in connection with the Tags purchased through our site is strictly limited to the purchase price paid for the Tags.
7.3 This does not include or limit in any way our liability:
7.3.1 For death or personal injury caused by our negligence;
7.3.2 Under section 2(3) of the Consumer Protection Act 1987;
7.3.3 For fraud or fraudulent misrepresentation; or
7.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send toYou should be in writing. When using Our site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
All notices given by You to Us must be given to The Company Secretary, Inspired Gaming (UK) Limited at 3 The Maltings, Wetmore Road, Burton on Trent, Staffordshire, DE14 1SE. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in
paragraph 8. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10 TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between You and Us is binding on You and Us and on Our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.2.1 Strikes, lock-outs or other industrial action.
11.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.2.5 Impossibility of the use of public or private telecommunications networks.
11.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by
which Our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14 ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between You and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and Us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time.
15.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify You of the change to those policies or these terms and conditions before we send You the Dispatch Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary within seven working days of receipt by You of the Tags).
16 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.