Terms & Conditions

 

 

1.1. These Terms of Use ("Terms") govern your use of and purchase of goods through the following websites: [www.cleanroombuyer.com and www.nitritex.com] ("Website"). The Website is operated by Nitritex Limited, trading as Cleanroom Buyer ("we", "us", "our"). We are registered in England and Wales under company number 03231971 with our registered office at Minton Enterprise Park, Oaks Drive, Newmarket, Suffolk, CB8 7YY, which is also our main trading address. Our VAT number is GB 676 8083 88.

 

1.2. By using the Website and/or in placing an order you are indicating your acceptance of these Terms. We may change the Terms at any time by putting amended Terms on the Website (but such amended Terms will not apply to any completed contracts for the purchase of goods through the Website). If you do not accept these Terms please do not use the Website, including by placing orders for goods through it. If you have any questions about these Terms please contact us.

 

1.3. We only intend our Website to be used by and to sell goods to customers operating in the course of their trade or business. If you are not operating in the course of your trade or business and wish to use our Website or to purchase goods through it please contact us.

 

1.4. We only intend our Website to be used by and to sell goods to customers resident in the following countries: United Kingdom ("Serviced Countries"). We do not accept orders from businesses located outside Serviced Countries.

 

1.5. If you use our Website or place an order through it, you warrant and represent that:

 

1.5.1. you are operating in the course of your trade or business;

 

1.5.2. you are at least 18 years old and legally capable of and authorised to enter into a binding contract with us;

  

1.5.3. you are resident in a Serviced Country;

 

1.5.4. all details you provide are complete and accurate;

 

1.5.5. your use of the Website and/or order complies with all applicable laws and regulations of the country in which you are located and to which you require delivery of any ordered goods.

 

 

 

2.1. We allow access to our Website on a temporary basis and reserve the right to withdraw or amend our Website without notice. We endeavour to ensure our Website is available and error-free at all times; however, we will not be liable if for any reason our Website is unavailable, contains errors or is out of date at any time or for any period.

 

2.2. We may restrict access to part or our entire Website to registered users. If you are provided with or create a user ID, password or any other login information ("Login Details"), you must treat such information as confidential, and not disclose it to any third party. We may disable any Login Details at any time, if in our opinion you have failed to comply with any of these Terms.

 

2.3. You are responsible for all arrangements necessary for access to our Website, for having in place up-to-date anti-virus and other security protections, and for ensuring all persons who access our Website through your internet connection are aware of these Terms and comply with them.

 

 

2.4. We own or are licensed to use all intellectual property rights in our Website, and in the material published on it, which are protected by copyright laws and treaties around the world. We reserve all such rights.

 

2.5. You must not use any part of the intellectual property rights in our Website, and in the material published on it, without obtaining a licence to do so from us or our licensors.

 

2.6 We grant you a limited licence to access and make use of this Website for the purposes of reviewing the goods we make available for sale and purchasing, but not to download (other than by page caching) or modify it in any way except where a file is explicitly made available for download or otherwise with our prior written consent.

 

 

2.7. We process information about you in accordance with our Privacy Policy, which forms part of these Terms. By using our Website you consent to such processing.

 

 

2.8. Contracts for the supply of goods formed through our Website are governed by these Terms.

 

 

2.9. You must not misuse our Website by:

2.9.2. attempting to gain unauthorised access to it, the server on which it is stored or any server, computer or database connected to it;

 

2.9.3. attacking it via a denial-of-service attack or a distributed denial-of-service attack.

 

2.10. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

 

2.11. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

2.12 You must not frame our Website on any other website.

 

2.13. We reserve the right to withdraw linking permission without notice.

 

 

2.14. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

 

2.15. If you use a feature that allows you to upload material to our Website (such as feedback or product reviews) that material must:

 

2.15.1. be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted;

 

2.15.2. not contain any material which is defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, discriminatory, threatening, abusive, invasive of another’s privacy, likely to cause annoyance, inconvenience or needless anxiety, likely to harass, upset, embarrass, alarm or annoy any other person or otherwise unlawful;

 

2.15.3. not infringe any intellectual property rights of any other person;

 

2.15.4. not in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

 

2.15.5. not be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

 

2.16. You warrant that any material you upload to our Website complies with paragraph 2.15, and you indemnify us and will keep us indemnified for any breach of this warranty.

 

2.17. Any material you upload to our Website will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of any of their rights.

 

2.18. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

 

2.19. We have the right to remove any material you upload to our Website if, in our opinion, such material does not comply with these Terms in any way.

 

 

3.1. After placing an order and providing your payment details, you will receive an email from us acknowledging receipt. This does not mean that we have accepted your order. Your order constitutes an offer to us to buy goods. Your order is subject to acceptance by us. If we accept your order (in whole or part) we will confirm acceptance by sending you a further e-mail on despatch of the goods ("Order Confirmation"). A contract between us will only be formed when we send you the Order Confirmation.

 

3.2. The contract will relate only to the goods confirmed in the relevant Order Confirmation. We are not obliged to supply any other goods which may have been part of your order not confirmed in the Order Confirmation.

 

 

4.1. We reserve the right to withdraw goods from sale at any time. If we withdraw goods from sale after taking payment from you we will refund you any payment you have already made to us for those goods (including any delivery and other charges). Such refund shall be the full extent of our liability to you if we have to withdraw goods from sale.

 

4.2. We will fulfil orders received by 12:00pm (“Cut Off Time”) on a working day (working day defined as Monday to Friday excluding UK National and Statutory holidays) using a third party 'next working day' delivery service, unless there are exceptional circumstances. We will treat orders received after the Cut Off Time on a working day, or on a non-working day, as having been received before the Cut Off Time on the next working day. We will notify you of any exceptional circumstances likely to affect delivery times promptly after they arise. Although we fulfil orders using a 'next working day' delivery service we do not warrant or represent or guarantee that orders will be delivered on the next working day after order and will not be liable for any delay in delivery.

 

 

5.1. Goods will be at your risk from the time of delivery.

 

5.2. Ownership of goods will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges.

 

 

6.1. The price of any goods will be as quoted on our Website from time to time, except where there is an obvious error.

 

6.2. Prices quoted on our Website exclude VAT and delivery costs. VAT and delivery costs will be added to the payment total due, in the case of VAT at the prevailing rate at the time of the Order Confirmation and in the case of delivery costs as set out in our delivery guide.

 

6.3. Prices may change at any time. Price changes will not affect orders in respect of which we have already sent you an Order Confirmation.

 

6.4. Our Website lists a large number of goods. It is always possible that some listed goods are priced incorrectly. We will normally verify prices in our order acceptance procedure so that, where a correct price is less than a stated price, we will charge the lower amount. If a correct price is higher than a stated price we will, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.

 

6.5. We are not obliged to provide goods to you at incorrect lower prices, even after sending an Order Confirmation, if the pricing error could have reasonably been recognised by you as an obvious error.

 

6.6 Payment must be by credit or debit card. We accept payment from most major credit and debit cards. You must provide payment details and make the payment due at the time you place your order. If your credit or debit card payment is refused by your card issuer for any reason, your order will be stopped and you will be advised of such rejection with a message on the screen, and get a chance to resubmit your order.

 

6.7. We will enclose with goods delivered to you a despatch note showing the goods ordered

 

6.8 After shipment, you will be emailed confirmation with a link to your invoice which may be printed from our website. The invoice will be made out to the billing address on your account.

 

 

7.1 If any goods you receive do not match the description on the Website, are not fit for any purpose identified on the Website, are defective or do not match the Order Confirmation please contact us detailing the problem. If we are satisfied that the goods do not match the description on the Website, are not fit for any purpose identified on the Website, are defective or do not match the Order Confirmation we will either:

 

7.1.1 replace such goods at no extra cost to you (if we do this we will require you to liaise with us in arranging return of the goods to us); or

 

7.1.2 refund the payment in respect of such goods (if we do this we will require you to liaise with us in arranging return of the goods to us).

 

7.2 Our sole liability for Goods which do not match the description on the Website, are not fit for any purpose identified on the Website, are defective or which do not match the Order Confirmation is limited to the replacement of those goods or a refund as set out in paragraph 7.1.1.

 

7.3 You must inspect goods received on delivery. If any goods you receive are clearly defective on delivery you must sign for the goods as 'damaged'. If you do not do this we may not be able to issue a refund or replacement goods if you subsequently claim that the goods are damaged.

 

 

8.1 We warrant that goods purchased through the Website will match any description on the Website, be of satisfactory quality and fit for the purpose for which they are supplied.

 

8.2 Our liability for any losses you suffer as a result of us breaking these Terms in relation to any order is limited to the payment you have made for that order provided that if we have complied with our obligations under paragraph 7 we will not have any further liability in respect of any goods you receive that do not match the description on the Website, are not fit for any purpose identified on the Website, are defective or do not match the Order Confirmation.

 

8.3 Our aggregate liability for any losses you suffer as a result of us breaking these Terms in relation to your use of the Website where that liability does not relate to an order is limited to £100 (GBP one hundred).

 

8.4 We shall not in any event be liable (whether in contract, tort or otherwise) for any:

 

8.4.1 indirect loss

 

8.4.2 consequential loss;

 

8.4.3 loss of profit;

 

8.4.4 loss of actual or anticipated revenue;

 

8.4.5 loss or corruption of data;

 

8.4.6 damage to reputation:

 

8.4.7 loss of or damage to goodwill;

 

8.4.8 wasted management time;

 

8.4.9 liability to any third party howsoever arising suffered by you in connection with these Terms or otherwise whether or not you have notified us of the possibility of such loss arising .

 

8.5 Subject as expressly provided in these Terms all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

8.6 Nothing in this clause shall operate so as to exclude our liability for:

 

8.6.1 death or personal injury arising out of our negligence; or

 

8.6.2 for fraud or fraudulent misrepresentation; or

 

8.6.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

8.7 Each foregoing sub-clause of this clause 8 shall constitute a separate and severable provision. The provisions of this clause 8 shall continue in effect notwithstanding the termination, completion or any other matter, which might otherwise cause these Terms to become ineffective.

 

 

9.1 These Terms along with the Privacy Policy  shall form the entire agreement between you and us and supersede any previous agreement and (save so far as set out in these Terms) representations oral or otherwise made by either you or us. You warrant that you have not relied on any representation made by us in agreeing these Terms.

 

9.2 Failure by either you or us at any time to enforce any right arising under these Terms shall not be construed as a waiver of such right.

 

9.3 All notices to us shall be given by you in writing to the address shown above. All notices to you shall be given in writing to your email address or to the address you have given for delivery of goods. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and UK Bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission.

 

9.4 These Terms are binding on you and us and on your and our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under them, at any time.

 

9.5 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

 

9.6 These Terms shall be governed and construed in accordance with English Law. You irrevocably agree for our exclusive benefit to submit any dispute hereunder to the jurisdiction of the courts of England. Nothing in these terms shall prevent us from taking proceedings against you in any other court of competent jurisdiction.