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Term & Conditions
Please Read T&C'S Carefully
Terms and conditions for using this website
1/ This website promotes the business referred to on it. In these conditions, we will refer to this business as www.misted2clearwindows.co.uk
2/ A wide range of intellectual property rights are used in and relating to this website, including:
the trade marks and logos of www.misted2clearwindows.co.uk
the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
all the software used in relation to this website.
1/ This website promotes the business referred to on it. In these conditions, we will refer to this business as www.misted2clearwindows.co.uk
2/ A wide range of intellectual property rights are used in and relating to this website, including:
the trade marks and logos of www.misted2clearwindows.co.uk
the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
all the software used in relation to this website.
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3/ www.misted2clearwindows.co.uk is the owner or the authorised licensee of these intellectual property rights.
Back To Top About these conditions 4/ If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website. 5/ We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions. Using this website 6/ We collect and use information in line with our Privacy Policy. By using this website, you agree to the way in which we collect and use your information. 7/ You cannot use this website: for any unlawful purpose; |
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to send spam;
to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
to tamper with, update or change any part of the website;
in a way that affects how it is run;
in a way that imposes an unreasonable or disproportionally large burden on us or our suppliers' communications and technical systems as determined by us; or
using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
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Disclaimers
8/ You use the website at your own risk.
9/ You should not rely on the website for advice.
10/ As far as the relevant laws allow, we do not guarantee that:
there will be no problems with how you use the website; or
the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
11/ There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
12/ Under no circumstances will www.misted2clearwindows.co.uk
the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:
profits;
business or business opportunities;
savings you expect to make;
goodwill;
use of, or corruption to information; or
information.
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13/ If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
using or relying on the website;
not being able to use the website;
any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
theft, destruction of information or someone getting access to our records, programs or services without our permission;
goods, products, services or information received through or advertised on any website which we link to from this website; or
any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
14/ These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
The law
15/ The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
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Additional Terms And Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.misted2clearwindows.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 our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1/ INFORMATION ABOUT US
We at www.misted2clearwindows.co.uk will give you the very best of service at all times.
2/ YOUR STATUS
By placing an order through our site, you warrant that:
2.1.1. You are legally capable of entering into binding contracts; [and]
2.1.2 You are at least 18 years old;
2.1.3 You are resident in one of the Serviced Countries; and
2.1.4 You are accessing our site from that country.
3/ HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an email 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms contract between us (Contract) will only be formed when we send you the Shipping Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
3.3 Any shortages must be reported within 7 days of the order arriving.
4/ OUR STATUS
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
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4.2 Alternatively, we might use a third party to supply Products in which case we do not own or stock those Products ourselves.
4.3 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is Involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5/ CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a refund of the price paid for the Products in some cases the product may be subject to a 20% handling fee which is charged by the supplier.
5.2 To cancel a Contract, 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.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your statutory rights.
6./AVAILABILITY AND DELIVERY
Your order will be fulfilled within 60 days of the date of the Shipping confirmation, unless there are exceptional circumstances.
7/ RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8/ PRODUCT DESCRIPTION, PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shipping Information displayed in the checkout process.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
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8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.6 No contract for the sale of any product will exist between you and www.misted2clearwindows.co.uk has dispatched the goods. Payment for products may be taken prior to dispatch.
8.7 Payment for all Products must be by credit or debit card. The accepted cards are listed at the foot of each web page. We will charge your credit or debit card when the order is placed. We regret we cannot accept multiple credit cards as part payment for a given order.
8.8 We reserve the right to request a payment by BACS/IBAN for any order of a significant value.
8.9 We reserve the right to request a 50% non-refundable deposit on special orders made up wholly or in part of items not displayed on our website or usually stocked by us.
8.10 Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, photos and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and Product Photos in particular appearing on this Website at a particular time may not always reflect the product description exactly at the moment you place an order. Always refer to the product description rather than product image to check what you are ordering. If you spot an error with one of our photos, you can let us know by on the contact us page.
8.11 At www.misted2clearwindows.co.uk we sell new and used spares please note that used items may show signs of wear, all our used items are sold as seen and no warranties are given with used items. On the used items we cannot accept any returns and will not issue a refund unless a damage was caused as a direct result of us or our couriers, if an item is delivered damaged you are required to inform us with 24 hours so that we can discuss the issue with the courier company
9/ OUR REFUNDS POLICY
9.1 You are entitled to cancel your contract if you wish providing you act within 7 working days of receipt of the goods.
9.2 If you wish to exercise this right prior to dispatch of goods please the contact us form.
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9.3 If your order has already been dispatched please follow our returns information.
9.4 Please note your right to return products does not apply on personalized items, those made to your specifications. These may only be returned if they are faulty.
9.5 We hope you are happy with any product purchased, but if you wish to return a product to us for any reason you may do so within 28 days of the dispatch date. It must be in a saleable condition and in its original undamaged packaging. We will refund the price or replace the product. We may withhold up to 50% of the purchase price of returned goods if the product or packaging is in such a condition that the item is not fully re-saleable. Return delivery charges will only be refunded in the event of faulty, damaged items.
9.6 Please note due to reasons of safety, hygiene and security we are unable to exchange or accept the return of certain products once the packaging has been opened unless faulty: toilet accessories, personal and pets grooming products, horse and pet rugs.
9.7 We cannot refund or exchange personalized products unless faulty. We cannot refund or exchange self assembly items if they have been assembled, unless faulty.
9.8 If you have a faulty engine please call us so we can liaise with you regarding an inspection and repair with the manufacturer
9.11 We regret that postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded except in the case of cancellations and returns in accordance with the Distance Selling Act.
9.12 International Returns: The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend you use recorded delivery or registered post and retain proof of postage. We will refund returns postage for an item which is faulty or sent to you in error. We regret we are unable to arrange collection of items.
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9.13 Returns and exchanges will be processed as soon as possible after arrival.
9.14 Credit can be used against your next order, both online and with telephone orders.
9.15 Our returns address is available through the contact us page after your initial contact has been verified.
9.16 On the used items we cannot accept any returns and will not issue a refund unless any damage was caused as a direct result of our actions or our couriers, if an item is delivered damaged you are required to inform us with 24 hours so that we can discuss the issue with the courier company.
10/ OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
10.3 This does not include or limit in any way our liability:
10.3.1 For death or personal injury caused by our negligence;
10.3.2 Under section 2(3) of the Consumer Protection Act 1987;
10.3.3 .For fraud or fraudulent misrepresentation; or
10.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as 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) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
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11/ IMPORT DUTY
11.1 If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12/ WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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.
13/ NOTICES
All notices given by you to us must be given by requesting details through the contact us form.
We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
14/ TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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.
15/ EVENTS OUTSIDE OUR CONTROL
15.1 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).
15.2 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:
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15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 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 endeavors 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.
16/ WAIVER
16.1 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 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 clause 14 above.
17/ SEVERABILITY
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.
18/ ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 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 us prior to such Contract except as expressly stated in these terms and conditions.
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18.3 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.
19/ OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 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 Products).
20/ 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.
to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
to tamper with, update or change any part of the website;
in a way that affects how it is run;
in a way that imposes an unreasonable or disproportionally large burden on us or our suppliers' communications and technical systems as determined by us; or
using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
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Disclaimers
8/ You use the website at your own risk.
9/ You should not rely on the website for advice.
10/ As far as the relevant laws allow, we do not guarantee that:
there will be no problems with how you use the website; or
the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
11/ There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
12/ Under no circumstances will www.misted2clearwindows.co.uk
the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:
profits;
business or business opportunities;
savings you expect to make;
goodwill;
use of, or corruption to information; or
information.
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13/ If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
using or relying on the website;
not being able to use the website;
any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
theft, destruction of information or someone getting access to our records, programs or services without our permission;
goods, products, services or information received through or advertised on any website which we link to from this website; or
any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
14/ These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
The law
15/ The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
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Additional Terms And Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.misted2clearwindows.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 our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1/ INFORMATION ABOUT US
We at www.misted2clearwindows.co.uk will give you the very best of service at all times.
2/ YOUR STATUS
By placing an order through our site, you warrant that:
2.1.1. You are legally capable of entering into binding contracts; [and]
2.1.2 You are at least 18 years old;
2.1.3 You are resident in one of the Serviced Countries; and
2.1.4 You are accessing our site from that country.
3/ HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an email 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms contract between us (Contract) will only be formed when we send you the Shipping Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
3.3 Any shortages must be reported within 7 days of the order arriving.
4/ OUR STATUS
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
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4.2 Alternatively, we might use a third party to supply Products in which case we do not own or stock those Products ourselves.
4.3 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is Involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5/ CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a refund of the price paid for the Products in some cases the product may be subject to a 20% handling fee which is charged by the supplier.
5.2 To cancel a Contract, 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.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your statutory rights.
6./AVAILABILITY AND DELIVERY
Your order will be fulfilled within 60 days of the date of the Shipping confirmation, unless there are exceptional circumstances.
7/ RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8/ PRODUCT DESCRIPTION, PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shipping Information displayed in the checkout process.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
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8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.6 No contract for the sale of any product will exist between you and www.misted2clearwindows.co.uk has dispatched the goods. Payment for products may be taken prior to dispatch.
8.7 Payment for all Products must be by credit or debit card. The accepted cards are listed at the foot of each web page. We will charge your credit or debit card when the order is placed. We regret we cannot accept multiple credit cards as part payment for a given order.
8.8 We reserve the right to request a payment by BACS/IBAN for any order of a significant value.
8.9 We reserve the right to request a 50% non-refundable deposit on special orders made up wholly or in part of items not displayed on our website or usually stocked by us.
8.10 Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, photos and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and Product Photos in particular appearing on this Website at a particular time may not always reflect the product description exactly at the moment you place an order. Always refer to the product description rather than product image to check what you are ordering. If you spot an error with one of our photos, you can let us know by on the contact us page.
8.11 At www.misted2clearwindows.co.uk we sell new and used spares please note that used items may show signs of wear, all our used items are sold as seen and no warranties are given with used items. On the used items we cannot accept any returns and will not issue a refund unless a damage was caused as a direct result of us or our couriers, if an item is delivered damaged you are required to inform us with 24 hours so that we can discuss the issue with the courier company
9/ OUR REFUNDS POLICY
9.1 You are entitled to cancel your contract if you wish providing you act within 7 working days of receipt of the goods.
9.2 If you wish to exercise this right prior to dispatch of goods please the contact us form.
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9.3 If your order has already been dispatched please follow our returns information.
9.4 Please note your right to return products does not apply on personalized items, those made to your specifications. These may only be returned if they are faulty.
9.5 We hope you are happy with any product purchased, but if you wish to return a product to us for any reason you may do so within 28 days of the dispatch date. It must be in a saleable condition and in its original undamaged packaging. We will refund the price or replace the product. We may withhold up to 50% of the purchase price of returned goods if the product or packaging is in such a condition that the item is not fully re-saleable. Return delivery charges will only be refunded in the event of faulty, damaged items.
9.6 Please note due to reasons of safety, hygiene and security we are unable to exchange or accept the return of certain products once the packaging has been opened unless faulty: toilet accessories, personal and pets grooming products, horse and pet rugs.
9.7 We cannot refund or exchange personalized products unless faulty. We cannot refund or exchange self assembly items if they have been assembled, unless faulty.
9.8 If you have a faulty engine please call us so we can liaise with you regarding an inspection and repair with the manufacturer
9.11 We regret that postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded except in the case of cancellations and returns in accordance with the Distance Selling Act.
9.12 International Returns: The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend you use recorded delivery or registered post and retain proof of postage. We will refund returns postage for an item which is faulty or sent to you in error. We regret we are unable to arrange collection of items.
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9.13 Returns and exchanges will be processed as soon as possible after arrival.
9.14 Credit can be used against your next order, both online and with telephone orders.
9.15 Our returns address is available through the contact us page after your initial contact has been verified.
9.16 On the used items we cannot accept any returns and will not issue a refund unless any damage was caused as a direct result of our actions or our couriers, if an item is delivered damaged you are required to inform us with 24 hours so that we can discuss the issue with the courier company.
10/ OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
10.3 This does not include or limit in any way our liability:
10.3.1 For death or personal injury caused by our negligence;
10.3.2 Under section 2(3) of the Consumer Protection Act 1987;
10.3.3 .For fraud or fraudulent misrepresentation; or
10.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as 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) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
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11/ IMPORT DUTY
11.1 If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12/ WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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.
13/ NOTICES
All notices given by you to us must be given by requesting details through the contact us form.
We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
14/ TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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.
15/ EVENTS OUTSIDE OUR CONTROL
15.1 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).
15.2 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:
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15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 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 endeavors 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.
16/ WAIVER
16.1 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 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 clause 14 above.
17/ SEVERABILITY
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.
18/ ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 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 us prior to such Contract except as expressly stated in these terms and conditions.
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18.3 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.
19/ OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 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 Products).
20/ 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.
