www.pinguard.com is a site operated by PINGuard™ (espier ltd) (“we”) We are registered in England (Company Number 05206598) and our registered office is PINGuard™ (espier ltd) Unit A3 – A4 Dart Marine Park, Steamer Quay Road, Totnes, TQ9 5AL.
This is the trading address for our online shop and any queries or enquiries should be addressed to “Online Sales” at the above address. Alternatively you may e-mail firstname.lastname@example.org.
These terms and conditions apply to all sales made to you via this website. By placing an order you are deemed to have accepted these terms and conditions. Please read and familiarise yourself with them. For all other terms and conditions of sale please refer to the Standard Terms and Conditions of Sale of Shepherd Neame as published here.
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old and can provide proof of age upon request;
2. Representation of products
We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order.
3. Our contract with you
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 has been accepted. Your order constitutes an offer to us to buy a product or products as advertised by us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product(s) has/have been despatched (the “Shipping Confirmation”). The contract between you and us (the “Contract”) is only formed when we send you the Shipping Confirmation.
The Contract will relate only to those products whose despatch we have confirmed in the Shipping Confirmation.
If we decide not to accept all or part of your order, we will not be obliged to supply any (other) products which may have been part of your order and will instead arrange a full refund for that element of your order.
4. Consumer Rights
If you are contracting as a consumer, you may, subject to the terms of our Returns Policy set out below, cancel a Contract at any time within 7 working days, beginning on the day after you received the products. In this case you will receive a full refund of the price paid for the products in accordance with our Refunds Policy set out below.
To cancel a Contract you must inform us in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation we may have right of action against you for compensation.
This provision does not affect your statutory rights.
5. Returns Policy
You may, within 7 working days of receipt of your order, return any item in unused, original condition for a full refund. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy set out below.
If you wish to return items, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
The return package, including written details of the reason for return, must be sent to the following address:
PINGuard™ (espier ltd)
Unit A3 – A4
Dart Marine Park
Steamer Quay Road
6. Refund Policy
If you return items within the period mentioned above and in accordance with the terms of our Returns Policy, we will process the refund due to you as soon as possible and, in any case, within 30 days of receiving the returned items. In this case, we will refund the price of the product in full, excluding a refund of the original delivery charges charged to you. However, you will be responsible for returning the item to us in its original condition and all postal costs or other costs incurred when returning the product(s).
If you return the product because you are claiming that it is defective we will examine the returned product and will notify you of our findings and confirm whether you are entitled to a refund on the grounds that the product was defective. Defective products returned by you will be refunded in full, including a refund of the original delivery charges charged to you and the postal cost incurred by you in returning the item to us provided that a receipt for or evidence of such costs is provided.
7. Prices and Payment
Prices are valid at the time of order.
Full payment must be made prior to despatch of the products, by credit or debit card. We accept all major debit/credit cards. In the event of non-authorisation of payment by your card issuer you will receive an on screen notification and your order will not be processed. We cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. (See our Security Policy below)
All prices are exclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto the system. We reserve the right to amend prices without notice from time to time.
By completing the process for an on-line order you are confirming that the credit/debit card being used for the transaction(s) is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Delivery will be by post or courier within 30 days of the Shipping Confirmation (subject to any events that are beyond our reasonable control).
Delivery charges will be dependant on the weight of the products ordered.
Certain products must be signed for by an adult (aged 18 years or over) on delivery and if no one is available at the address when the delivery is attempted the products will be retained by the driver. The driver will leave notification of attempted delivery and customers can telephone to re-arrange delivery at a later time.
We will not be liable for any failure to perform or delay in performance of any of our obligations under a contract with you that is caused by events outside our reasonable control. We will use our reasonable endeavours to notify you if such an event occurs.
9. Risk and title
The products will be at your risk from the time of delivery to you.
10. Intellectual property
No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with our website in which intellectual property rights subsist.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with English Law and all parties shall submit to the exclusive jurisdiction of the English Courts. If you have any queries or complaints please contact us at the following address:
PINGuard™ (espier ltd)
Unit A3 – A4
Dart Marine Park
Steamer Quay Road
Alternatively, please email email@example.com
12. Limitation of liability
We shall not be liable to pay any compensation to you, other than any refund as provided above. In particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part unless:
(i) you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation; and (ii) we have expressly confirmed in writing that we accept liability for such matters.
Our liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product.
Nothing in these terms shall limit any rights you may have as a customer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
13. Security Policy
We take your online security very seriously.
When you place your order, you are offered the use of an advanced secure server, which encrypts all the information you input before it is sent to us.
Credit card numbers are encrypted both before an order is processed and when stored on our database.
We will comply with the requirements of the UK Data Protection Act 1998 to ensure that your personal information is processed fairly and lawfully and we will take appropriate precautions to keep your personal data secure.
To check the security of our website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on this website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or personal information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this website (or part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to the website; and/or change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part or our non-compliance with the Data Protection Act 1998 we cannot beheld liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
Refusal of transaction
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content of this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.