Terms and Conditions
This page (together with any documents referred to on it) tells you the terms and conditions upon which we supply any of the products listed on our website (our site) to you.
This website is operated by Pestek (we/our/us). As user of this website you (you/your) acknowledge that any use of this website, including any transactions you make, is subject to our terms and conditions below
These are the Standard Terms and Conditions of Sale of Pestek 20 Sandringham Drive Moortown Leeds LS17 8DA ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods or Services").
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from any transactions. Details of your right to withdraw can be found in Clause 9 below.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from us in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' our presence on the world wide web, currently accessible via the address www.pestek.co.uk.
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those services which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.1 The quantity, quality and description of the service will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the service appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the services within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods or services shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods or services which are required to conform with any applicable statutory or EC requirements
4. Price of the goods or services
4.1 The price of the Goods or Services shall be the price agreed during the site visit.
4.2 If the price of the Goods or services increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods or Services does not include insured postage or packaging.
4.4 The total price is inclusive of any applicable value added tax.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
6. Risk and property
6.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
6.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
7. Warranties and liability
7.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
7.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
Any claim by you based on any defect in the quality or condition of the Service or its failure to correspond with specification must be notified to the company within 14 days from the date of treatment or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
7.4 Where a valid claim in respect of Services delivered is notified to us within 14 days of the treatment date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
reject the Service and receive a full refund;
or have the service (or the part in question) provided again free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to:
at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
7.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
7.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
7.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
8. Right to Cancel
8.1 You have a cooling off period of 14 days after the date on which you have received the quote to cancel the Contract.
8.2 During the cooling off period any cancellation must be given by written notice.
10.1 Any communication sent electronically by e-mail or otherwise:
9.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
9.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
9.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
9.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
10.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
10.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
10.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
10.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
10.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
We at Pestek are totally committed to protecting your privacy. We comply with the principles of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the SafeBuy Code of Practice.
We collect information about you in order to process your order and to tailor your visit to our website to be as relevant to you as possible. That information will only be shared with other parties that are involved in the fulfilment of your order. We do not send random marketing emails to personal email addresses (spam).
The information we hold may include:
We do not hold your Credit/debit card details, Payments are processed by our merchant "Cardsave" the only time we see your card details is if you choose to pay over the telephone. I f this is the case card details are entered directly into the Merchant payments centre.
Other information necessary for processing your order
This data will be held in accordance with our internal security policy. If we propose to send your data outside the European Economic Area (EEA) we will seek your consent first.
We will never collect sensitive information about you without your agreement. You have a right to ask for a copy of the information which we are holding on you and we will provide this for a small fee. We will delete information or correct any inaccuracies at no charge as soon as you make the request.
Data will only be released to third parties (e.g. the police) on request where there is a legal requirement for us to do so.
We also use Google Analytics to track visitors to our site and Google conversion tracking for Adwords to track sales generated from our Google Adwords campaigns.