TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE:
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Definitions:
Web Site: www.portableunits.co.uk
Web Site Operator: Lagg Trading Limited (referred to as “Portable Units/we/our/us”), 105, Cumberland House, Cumberland Business Park, 80 Scrubs Lane, NW10 6RF, Registered Company Number 13321599 (Incorporated in England) VAT: 390445980
User: You as using this website (referred to as “you/your”)
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Please read through these terms and conditions carefully before using this website. You are free to print a copy for future reference.
Portable Units may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions of Use.
1. ORDER PROCESS
All orders that you place on this website, through e-mail, other digital channels such as (Gumtree, Facebook, EBAY, etc.) or on phone will be subject to acceptance in accordance with these terms and conditions.
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation Email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. The payment will be debited from your chosen method of payment (credit card/debit card), or transferred to the bank accounts of Portable Units by you, at the time that you place your order. Your contract will be with Lagg Trading Limited.
You can cancel your order for a product at no cost any time before we arrange the delivery to that product.
Portable Units will retain the products until full payment has been made by you and has been received by Portable Units.
Acceptance of your order and the completion of the contract between you and Portable Units will take place on dispatching the products unless you have cancelled it or we have notified you that we do not accept your order.
Prior to acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification.
Special orders must be paid in full and once ordered are not retractable.
2. DELIVERY
Portable Units only delivers its products to the locations listed on the Website which are mainland UK. We regret that we cannot deliver to the following destinations: Channel Islands, Northern Ireland Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. In the event that an order is placed for a delivery to a location where we do not deliver to, the order will be cancelled and a refund processed.
All goods must be signed for by an adult aged 18 years or over on delivery.
If you or your designated logistics company have the appropriate vehicle, you can collect the products directly from our contracted warehouse, which is free of charge. In order to arrange a local pick up, you should contact us at least 3 business day prior.
Risk of loss and damage of products passes to you on the date when the products are delivered, or on the date of first attempted delivery by us, or the date picked-up by your arranged transport.
Estimated delivery timescales are specified and notified to you after the acceptance of an order. We make every effort to deliver goods within those timescales, however delays may occur due to unforeseen factors. Portable Units shall be under no liability for any delay or failure to deliver the products within estimated timescales.
Delivery charges shall be paid by you and will vary dependent on size, weight and distance the warehouses.
Any dates quoted for delivery of the orders are approximate only and we will endeavour to have you delivered the product to the delivery address on the delivery date but the time for the delivery shall not be of the essence.
Your order will be off-loaded at the nearest accessible point to the delivery address at the discretion of the driver, which may be kerbside, if sent with a Hiab. Items sent by other transport means requires your vehicles and responsibility for unloading.
You shall be responsible for the movement from the vehicle off-load position to its final destination (onwards handling).
If delivery is unsuccessful due to no one being at the delivery address at the time of delivery or due to failing to inform of private inaccessibility or relevant restrictions, the driver will retain the order and we will await further instructions from you. Note that you will be charged additional delivery charge in these instances (for every attempt to re-deliver).
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3. PAYMENT
We take payment in several way;
Payment Link: We will send you a payment link, which you can follow through and enter your personal details and debit/credit card details into the system. This integration is conducted through Square Up International Limited. An extra commission of 1.9% is added to the total price of the invoice including product price, delivery fee and VAT.
Bank Transfer: You can transfer the invoice amount directly to our company’s bank accounts.
Goods are subject to availability. In the event that Portable Units is unable to supply the products in your order due to stock availability the order will be cancelled and a full refund will be processed.
The prices indicated as including or excluding VAT (where applicable) at the applicable current rates.
The prices exclude delivery charges which are separately specified according to your postcode and delivery choice.
4.RETURNS AND CANCELLATIONS
We offer a 14-day money back guarantee. You may return new, unpacked and unused products which you wish to return within 14 (fourteen) days from the date on which the products are delivered to you. Please let us know in 14 days that you wish to return your product.
All products must be returned to us unused, unpacked and unassembled, together with all original packaging (please note you have a duty to take reasonable care of returned products and any refund may be withheld or a charge incurred if you fail to take such care and damage the products). Please retain proof of delivery as we cannot issue refunds for items we do not receive. The delivery costs for the returning items should be covered by you. If you prefer us to arrange the delivery, at your own cost, please email us and our Customer Services will advise you and make suitable arrangements for return delivery.
After we deliver the item as in new condition, unused, unpacked and unassembled, only the value of the product will be refunded to the original card or account in 14 (fourteen) days. Delivery costs cannot be reimbursed as they are arranged solely for your use.
Orders delivered to you must be checked immediately upon delivery and any damages or incorrect items must be recorded on the delivery note of the transportation company. Delivery note marked "unchecked" or failure to record damage will be deemed as acceptance as no damage and no shortage and we will not accept any claim thereafter.
Take a digital photo of the damaged items and forward to us with a written statement of damages within 1 hour as this will enable us to claim against the carrier.
If confirmed & accepted damaged and incorrect deliveries notified to us will be remedied wherever possible within a further 14 working days subject to availability.
In the unlikely event that you receive faulty or damaged goods, please get in touch with our Customer Service to have a full refund.
All product sizes, measurements and colours are approximate but we do try to make sure that they are as accurate as possible.
Any goods purchased ex-display, partly damaged or special offer are sold as seen or known and the onus is on you to be satisfied as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
5. INTELLECTUAL PROPERTY
All content and compilation of such content together with all software included on the Website, including without limitation all materials, text, graphics, logos, button icons, images and software, is the property of Portable Units or its licensors and is protected by UK and International laws. You acknowledge and agree that all copyright, rights in data, databases, trademarks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website shall remain vested in Portable Units at all times. All of these are protected by copyright and other laws and international treaty provisions.
You acknowledge that any other use - apart from your personal use- of the material and content of this website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The design and any factor of the products sold by Portable Units is the property of Portable Units and is protected by UK and International laws. You acknowledge and agree that every piece of the product is the intellectual property of Portable Units and shall remain vested in Portable Units at all times. All of these are protected by copyright and other laws and international treaty provisions.
6. ACCURACY OF THE INFORMATION
We do our best to ensure that information on the website and the documents is complete, accurate and current. Despite our efforts, however, information on the website may occasionally be inaccurate, incomplete or out of date. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund. All specifications, products, descriptions, and prices of products on the website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. All images, (in both print and on the internet) advertising, and specifications are for purposes of providing an approximate illustration of the goods and their accuracy cannot be guaranteed by Portable Units. We do not warrant the accuracy or completeness of the information, content or materials provided through the website.
The inclusion of any products or services on the website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
7. LIABILITY AND INDEMNITY
You agree to indemnify and hold Portable Units harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products or services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Portable Units, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service or product.
To the maximum extent permitted by applicable law, Portable Units assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of other customers or third parties and that the risk of injury from the foregoing rests entirely with customers.
Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.
Portable Units will endeavour to verify the accuracy of any information on the site but regarding the contents of the site, does not guarantee any kind express or implied statutory or otherwise. Similarly, Portable Units will endeavour but do not guarantee that the site will be timely or error-free, defects will be corrected, or that the site or the server that makes it available are free of viruses. Regarding the accuracy and reliability of the website Portable Units will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. Portable Units does not accept any liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Portable Units will take all reasonable measures to keep secure the details of the order and the personal and payment details, but, unless negligent, Portable Units cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
No part of this Contract affects your statutory rights.
We shall not be liable to you or be deemed to be in breach of the Contract due to delay caused by reasons beyond the reasonable control of us or due to Act of God.
You agree to indemnify and hold Portable Units harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with the products or services sold by Portable Units.
You agree to buy the product as flat-packed and to assemble it by yourself or your own service providers. Any damage caused to the product by you or your service provider is at your own risk. Accordingly, any damage happened to you or your belongings related to this assembly work or wrong assembly steps or any other related issue cannot be related to the product and Portable Units shall not be responsible.
8. WARRANTY
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product.
It is under manufacturer’s warranty that the product shall;
- Conform with the original description,
- Be free from defects in terms of materials and workmanship.
However, it is not possible to use the warranty claim if;
- The defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions,
- You continue to use the product after discovery of the defect,
- You failed to follow the instructions (oral or written) as to storage, installation, assembly, disassembly, commissioning, use or maintenance of the products or good trade practice, or de facto usage conditions,
- The defect arises from your special requests,
- You alter or repair the products without notifying us,
- Title to the products has not passed to you.
If we supply a third party supplier’s products;
- We may transfer the manufacturer warranty, then for the business customers the claims will be against producer instead of us,
- Our maximum liability and responsibility will be limited with the manufacturers warranty to us,
If you are consumer, you have the rights under the Consumer Rights Act 2015, in respect of faulty goods.
If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
9. PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in London. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
10. MISCALLENEOUS
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
The products are selected on the basis that they will be used for what they are intended for only, if you are planning to use them for any other purposes, please make sure that you are covered by appropriate insurance.
Portable Units shall not be under liability regarding the delays or failures to deliver products or otherwise perform any obligation as specified in these terms and conditions if it is caused by directly or indirectly beyond its reasonable control.
In order to assign or subcontract any of your rights and obligations under the terms and conditions, or any related order of products to any third party, you have to agree in writing by Portable Units.
Portable Units has the right to transfer, subcontract, assign part or whole of the rights and obligations under the terms and conditions, or related contracts to any third party.
If any part of these terms and conditions statement is held to be invalid by any competent authority as a whole or partially, the validity or enforceability of the rest shall not be affected.
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party.
Any delay or failure by Portable Units to exercise any powers, rights or remedies under this T&C’s statement will not work as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver must be in writing and signed by an authorised representative of Portable Units in order to be effective.
These terms and conditions and any documents and/or sources referred to in this T&C’s statement replace all prior representations, understandings and agreements between you and Portable Units relating to the usage of the website and product orders and sets forth the entire agreement and understanding between you and Portable Units for your use of this website.
We do not make any electricity, water or waste connections; it is Buyer’s responsibility to make the necessary arrangements with a suitably qualified person.
All portable units with electrics are fitted with the right qualifications by the manufacturer. However during the transportationprocess it is possible that electrical components might become disturbed, so it is Buyer and Buyer’s connecting electrician’s responsibility to retest the cabin on delivery, prior to start using.
Buyer may need the electric checks to be conducted more often than the regular buildings. This is because theportable and transportable nature of the cabins means that they need to be tested more frequently than a fixed building. In any case it is Buyer’s responsibility to retest the cabin after delivery and then decide a suitable inspection frequency after that depending on how used.
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