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Terms & Conditions

Business Terms of Sale:

BACKGROUND:

 

These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, www.supatex.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Goods”means the goods sold by Us through Our Site;
“Order”means your order for Goods;
“Order Confirmation”means Our acceptance and confirmation of your Order;
“Order Number”means the reference number for your Order; and
“We/Us/Our”means Four D Rubber Company Ltd , a company registered in England under company number 04197962, whose registered address is Unit 15 Slack Lane, Heanor, England, DE75 7GX.
“You”means the purchasing party entering into the order of goods.

 

  1. Information About Us
    • Our Site, supatex.com is owned and operated by Four D Rubber Company Ltd, a limited company registered in England under company number 04197962 whose registered address is Unit 15 Slack Lane, Heanor, England, DE75 7GX. Our VAT number is 827248024
    • We are FDA Approved
    • We adhere to ISO Manufacturing Guidelines.

 

  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Business Customers and Consumers
    • These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).  If you are a consumer, please consult Our Consumer Terms of Sale.
    • These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. International Customers

5.1       If you are ordering goods for delivery outside of the EU, please note that your                   consignment may be subject to import duties and taxes, which are levied once                    goods reach the country of destination. Any such charges levied in relation to       customs clearance must be borne by you.

5.2       If you are ordering goods for delivery into a country or territory which is subject to international sanctions and / or restrictions then we reserve the right to hold, refuse or cancel the order subject to compliance with sanctions and / or restrictions in place.

 

  1. Goods, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
      • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
      • Due to the nature of the Goods sold through Our Site, there may be up to a 10% variance in the size, dimensions and measurements of those Goods between the actual Goods and the description.
    • Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
    • Where appropriate, you may be required to select the required length, thickness, type and colour of the Goods that you are purchasing.
    • We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, but are subject to change due to order demands yet to be reflected.
    • Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
    • In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 10 working days, We will treat your Order as cancelled and notify you of this in writing.
    • In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • Prices on Our Site are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • Delivery charges are not included in the price of Goods displayed on Our Site. However delivery options and related charges will be presented to you as part of the order process at the checkout stage.

 

  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it.  A contract is formed between Us and you when we despatch the goods that you have ordered and not before.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date(s)
    • We will also include a paper copy of the Order Confirmation with your Goods.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 working days.
    • Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

 

  1. Payment
    • All prices quoted are in GB Pounds, with an option to view and transact in US Dollars and Euro currency.
    • Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at point of purchase.
    • Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    • Our secure ordering system ensures your complete privacy
    • We accept Visa, Delta, Electron, Mastercard, Solo, Maestro, American Express, Diners Club, JCB and Union Pay cards.
    • All card sales are subject to checking and are processed using Elavon Payment Gateway and/or PayPal (depending on your selection at the checkout).
    • We do not store payment card details.

 

  1. Delivery, Risk and Ownership
    • All Goods purchased through Our Site will normally be despatched within 30 calendar days after the date of Our Order Confirmation via unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).
    • All necessary equipment required to unload lorries, etc shall be supplier by you. Our carriers are not responsible for the unloading of goods.
    • If our carriers are unable to deliver the Goods on the delivery date, the following will apply:
      • If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, our carrier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
      • If you do not collect the Goods or rearrange delivery within 5 working days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
    • In the unlikely event that We fail to despatch the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
      • We have refused to despatch your Goods; or
      • In light of all relevant circumstances, despatch within that time period was essential; or
      • You told Us when ordering the Goods that despatch within that time period was essential.
    • If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    • You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 28 working days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.
    • Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
    • Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges) and the goods have been despatched to You.
    • Responsibility for (the risk in) the Goods will pass to you when delivery is complete, as defined in sub-Clause 9.6.
    • Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

 

  1. Storage
    • We recommend that you handle and store goods in accordance with British Standards 3574 which, amongst other things, provides that:
  • Goods should be kept well wrapped whilst in storage
  • Damp and moist storage conditions should be avoided
  • Goods should be kept away from heat and free from frost and stored between 15-25 degrees Celsius
  • Goods should avoid prolonged exposure to light, particularly light with a high UV content
  • Goods should avoid contact with copper and copper containing alloys

10.2     We cannot be held liable for any defects arising through the failure of You to store and handle in accordance with the British Standard.

 

  1. Faulty, Damaged or Incorrect Goods
    • We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
    • If any Goods you have purchased do not comply, subject to sub-Clause 11.3 and your compliance with sub-Clauses 11.2.1 to 11.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
      • You must give Us written notice of the non-compliance within a reasonable time of discovering it. Any defects in the quality or state of the goods which would be apparent on a reasonable examination or for their being otherwise not in accordance with the contract are required to be notified in writing within 3 working days after receipt of the goods. Any defects in the quality or state of the goods which would not be apparent on a reasonable examination shall be given to Us by written notice within 12 months after receipt of goods.
      • You must return the Goods in question to Us at Our expense (see sub-Clause 11.6 for more information); and
      • You must give Us a reasonable opportunity to examine the Goods in question.
    • We will not be liable for any non-compliance with the provisions of sub-Clause 11.1 of any Goods if any of the following apply:
      • You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 11.2.1;
      • The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage and storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
      • The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
      • You have made any unauthorised alterations or repairs to the affected Goods; or
      • The non-compliance is the result of normal wear and tear, size tolerance as stated in clause 6.1.3, deliberate damage, negligence, or abnormal or unsuitable working conditions.
    • The terms of this Clause 11 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 11.2.
    • Except as provided in this Clause 11, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 11.1.
    • To return Goods to Us for any reason under this Clause 11, please contact Us at [email protected] or through the Contact Us page on the Supatex website to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
    • Refunds (whether full or partial) under this Clause 11 will be issued within 28 working days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause 11 will, if relevant, include all delivery costs paid by you when the Goods were originally purchased.
    • Refunds under this Clause 11 will be made either by using the same payment method that you used when ordering the Goods or by way of credit or discount on future orders. Method of refund will be agreed between You and Us before being issued.

 

  1. Our Liability
    • Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    • Except to the extent expressly set out in sub-Clause 11.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      • If the event outside of Our control continues for more than 28 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 working days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods;
      • If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish. To contact Us directly to cancel, please use the following details:

Telephone: +44 (0) 1773 763134;

Email: [email protected];

Post: Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 28 working days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.

 

  1. Communication and Contact Details
    • If you wish to contact Us with matters relating to Goods or your order, cancellations, general questions or complaints, you may contact Us by telephone at +44 (0) 1773 763134, by email at [email protected], or by post at Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK.

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from our registered office.
    • If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Sales Department, Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK.;
      • By email, addressed to [email protected];
      • By contacting Us by telephone on +44 (0) 1773 763134

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 28 working days of your cancellation and will be made using the same payment method that you used when ordering the Goods.

 

  1. Law and Jurisdiction
    • These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Consumer Terms of Sale:

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.supatex.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”means the goods sold by Us through Our Site;
“Order”means your order for Goods;
“Order Confirmation”means our acceptance and confirmation of your Order;
“Order Number”means the reference number for your Order; and
“We/Us/Our”means Four D Rubber Company Ltd , a company registered in England under company number 04197962, whose registered address is Unit 15 Slack Lane, Heanor, England, DE75 7GX.
  

 

  1. Information About Us
    • Our Site, supatex.com is owned and operated by Four D Rubber Company Ltd, a limited company registered in England under company number 04197962 whose registered address is Unit 15 Slack Lane, Heanor, England, DE75 7GX. Our VAT number is 827248024
    • We are FDA Approved
    • We adhere to ISO Manufacturing Guidelines.

 

  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Age Restrictions
    • Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
    • None of the Goods on Our Site may be purchased by anyone under 18 years of age
  2. Business Customers

5.1       These Terms of Sale do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please consult our Business Terms of Sale.

 

  1. International Customers

6.1       If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you.

6.2       If you are ordering goods for delivery into a country or territory which is subject to international sanctions and / or restrictions then we reserve the right to hold, refuse or cancel the order subject to compliance with sanctions and / or restrictions in place.

 

  1. Goods, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
      • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
      • Due to the nature of the Goods sold through Our Site, there may be up to a 10% variance in the size, dimensions and measurements of those Goods between the actual Goods and the description.
    • Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 12 if you receive incorrect Goods (i.e. Goods that are not as described).
    • Where appropriate, you may be required to select the required length, thickness, type and colour of the Goods that you are purchasing.
    • We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, but are subject to change due to order demands yet to be reflected.
    • Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 10 working days, We will treat your Order as cancelled and notify you of this in writing.
    • In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • Prices on Our Site are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • Delivery charges are not included in the price of Goods displayed on Our Site. However delivery options and related charges will be presented to you as part of the order process at the checkout stage.

 

  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. A contract is formed between Us and you when we despatch the goods that you have ordered and not before.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date(s);
    • We will also include a paper copy of the Order Confirmation with your Goods.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 working days.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

 

  1. Payment
    • All prices quoted are in GB Pounds, with an option to view and transact in US Dollars and Euro currency.
    • Payment for Goods and related delivery charges must always be made in full and in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
    • We accept Visa, Delta, Electron, Mastercard, Solo, Maestro, American Express, Diners Club, JCB and Union Pay cards.
    • All card sales are subject to checking and are processed using Elavon Payment Gateway and/or PayPal (depending on your selection at the checkout).
    • We do not store payment card details.

 

  1. Delivery, Risk and Ownership
    • All Goods purchased through Our Site will normally be despatched within 30 calendar days after the date of Our Order Confirmation via a courier unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15).
    • If We are unable to deliver the Goods on the delivery date, the following will apply:
      • If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, the courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
      • If you do not collect the Goods or rearrange delivery within 5 working days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
    • In the unlikely event that We fail to despatch the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
      • We have refused to despatch your Goods; or
      • In light of all relevant circumstances, delivery within that time period was essential; or
      • You told Us when ordering the Goods that despatch within that time period was essential.
    • If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    • You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 28 working days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.
    • Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
    • Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges) and the goods have been despatched to You.
    • Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

 

  1. Storage
    • We recommend that you handle and store goods in accordance with British Standards 3574 which, amongst other things, provides that:
  • Goods should be kept well wrapped whilst in storage
  • Damp and moist storage conditions should be avoided
  • Goods should be kept away from heat and free from frost and stored between 15-25 degrees Celsius
  • Goods should avoid prolonged exposure to light, particularly light with a high UV content
  • Goods should avoid contact with copper and copper containing alloys

11.2     We cannot be held liable for any defects arising through the failure of You to store and handle in accordance with the British Standard.

 

  1. Faulty, Damaged or Incorrect Goods
    • By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at [email protected] or through the Contact Us page on the Supatex website as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
      • Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
      • If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
      • If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
      • If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
      • Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
    • Please note that you will not be eligible to claim under this Clause 12 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if goods supplied have a variance in size of upto 10% as stated in clause 7.1.3, if you have made further use of the effected goods, if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 12 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason.  Please refer to Clause 13 for more details.
    • To return Goods to Us for any reason under this Clause 12, please contact Us at [email protected] or through the Contact Us page on the Supatex website to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 12 and will reimburse you where appropriate.
    • Refunds (whether full or partial, including reductions in price) under this Clause 12 will be issued within 28 working days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause 12 will include all delivery costs paid by you when the Goods were originally purchased.
    • Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
    • For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau, Trading Standards Office or relevant Local Authority

 

  1. Cancelling and Returning Goods if You Change Your Mind
    • If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.
      • If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
      • If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
    • If you wish to exercise your right to cancel under this Clause 13, you must inform Us of your decision within the cooling-off. You may do so in any way you wish.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
      • Telephone: +44 (0) 1773 763134;
      • Email: [email protected];
      • Post: Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
  • Please note that you may lose your legal right to cancel under this Clause 13 in the following circumstances:
    • If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
    • If the Goods have been personalised or custom-made for you;
    • If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
  • Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 13.
  • You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK. Please contact Us at [email protected] to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 13. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
  • Refunds under this Clause 13 will be issued to you within 28 calendar days of the following:
    • The day on which We receive the Goods back; or
    • The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 13.7.1); or
    • If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
  • Refunds under this Clause 13 may be subject to deductions in the following circumstances:
    • Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
    • Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 13
  • Refunds under this Clause 13 will be made using the same payment method that you used when ordering the Goods.

 

  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      • If the event outside of Our control continues for more than 28 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 working days of the date on which the Contract is cancelled;
      • If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish. To contact Us directly to cancel, please use the following details:

Telephone: +44 (0) 1773 763134;

Email: [email protected];

Post: Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 28 working days of the date on which the Contract is cancelled.

 

 

  1. Communication and Contact Details
    • If you wish to contact Us with matters relating to Goods or your order, cancellations, general questions or complaints, you may contact Us by telephone at +44 (0) 1773 763134, by email at [email protected], or by post at Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK.

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from our registered office.
    • If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Sales Department, Four D Rubber Co Ltd, Slack Lane, Heanor, Derbyshire, DE75 7GX, UK;
      • By email, addressed to [email protected]
      • By contacting Us by telephone on +44 (0) 1773 763134

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 28 working days of your cancellation.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 

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