TERMS AND CONDITIONS OF SUPPLY OF GOODS

1.Key Information

1.1 CCS Media Limited, company number 04418144 (referred to in these Terms as we and us) is a company registered in England and Wales and our registered office is at Cumberland Court, 80 Mount Street, Nottingham, Notts, England, NG1 6HH.

1.2 We operate the website Shop | CCS (ccsmedia.com) (Website) from which we accept orders (Orders) for goods (Goods) from our customers.

1.3 The customer is the person or entity which has an account with us and which purchases goods from us (referred to in these Terms as you and your). These terms and conditions (Terms) are applicable to our sale of Goods to customers acting as a business and not as a consumer.

1.4 To contact us telephone our customer service team at 01246 200 200 or email letstalk@ccsmedia.com. How to give us formal notice of any matter under the Contract is set out in clause 16.2.

2. Our contract with you

2.1 Our contract: These Terms apply to all Orders by you and supply of Goods by us to you with the Contract being formed as set out in clause 4. No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement: The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Authorised Users

3.1 You are required to authorise users (Authorised Users) to place Orders on your behalf, and to notify us of their identity and email address so that we may issue them with log-in details to the Website.

3.2 You must ensure that your Authorised Users access these Terms when using the Website.

3.3 You are responsible for ensuring that Authorised Users:

(a) comply with these Terms and the Terms of Use;

(b) keep their account and password details for the Website secure; and

(c) do not share their account and password details for the Website with any third party (whether another Authorised User or otherwise).

4. Placing an order and its acceptance

4.1 Only Authorised Users may order Goods using the Website and your customer account with us.

4.2 If an Authorised User submits an Order we will unless notified otherwise treat this as being properly made and authorised by you. It is your responsibility to inform us if an Order was not authorised; if we have already accepted the Order under clause 4.6 then the Contract will be formed for that Order and may only be terminated or cancelled in accordance with these Terms.

4.3 Placing Orders: In order to place Orders, Authorised Users will need to log in to their account and follow the onscreen prompts to place an Order. Each Order is an offer by an Authorised User on your behalf for you to buy the Goods specified in the Order, subject to these Terms.

4.4 Correcting input errors: Our order process allows Users to check and amend any errors before submitting your order to us. Users must check the Order carefully before confirming it. You are responsible for ensuring that your Users ensure that each Order is complete and accurate.

4.5 Acknowledging receipt of Orders: After an Order is placed, the Authorised User will receive an email from us acknowledging that we have received it, but this does not mean that the Order has been accepted. Our acceptance of the Order will take place as described in clause 4.6.

4.6 Acceptance of Orders: Our acceptance of an Order takes place when we send an email to the Authorised User to accept it (Order Acceptance), at which point the Contract between you and us will come into existence.

4.7 If we cannot accept an Order: If we are unable to supply you with the Goods for any reason, we will inform your Authorised User of this by email or telephone and we will not process the Order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

5. Goods

5.1 The images of the Goods on the Website are for illustrative purposes only. The Goods may vary slightly from those images.

5.2 The packaging of Goods may vary from that shown on images on our Website.

5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

6. Cancellation

Once we have issued you with an Order Acceptance, you may not cancel the Contract, unless the provisions of clause 14.2 apply.

7. Delivery, transfer of risk and title

7.1 Details of our delivery timescales can be found at our Website: Shop | CCS (ccsmedia.com). The timescales which are stated on our Website are approximate only and time of delivery is not of the essence. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 (Events Outside Our Control) for our responsibilities when this happens.

7.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in the Order, you will be deemed to have accepted the Goods upon delivery, and the Goods will be at your risk from that time.

7.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.

7.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

7.5 If you fail to take delivery within a reasonable period following us notifying you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, charge you for any shortfall below the price of the Goods.

8. No international delivery

You may use the Website from outside the United Kingdom (UK) to place an Order, but this Order must be for delivery of Goods to an address in the UK. Alternatively, should you require a delivery of Goods outside of the UK, please contact your account manager.

9. Price of goods and delivery charges

9.1 The prices of the Goods will be as quoted on the Website at the time an Authorised User submits an order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system but errors can occasionally happen. If this is the case we will inform you as soon as we are aware of any increase or decrease in price and either, in the case of a price decrease, refund you the difference or, in the case of a price increase, send you an invoice for the difference, which will be payable in accordance with clause 10.

9.2 Prices for our Goods may change from time to time, but except as set out in clause 1 changes will not affect any order you have already placed.

9.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

10. How to pay

10.1 If you have a credit account with us, we will invoice you for the Goods in accordance with the credit account terms that we have agreed with you and, you must pay for the Goods strictly in accordance with those terms.

10.2 If you do not have a credit account with us or, you prefer to pay for the Goods in advance, you can pay using a debit card or credit card as set out on the Website. We accept the following cards: Visa Debit, Visa Credit, MasterCard Debit, MasterCard Credit and Visa Electron, Maestro and JCB.

10.3 Where you pay by card, we will not charge your debit card or credit card until we dispatch your Goods.

11. Manufacturer’s guarantee

11.1 You accept and acknowledge that we are not the manufacturer of the Goods

11.2 Some of the Goods we sell to you come with a manufacturer’s warranty. Where this is the case, for details of the applicable terms and conditions, please refer to the manufacturer’s warranty provided with the relevant Goods.

12. Our warranty for the goods

12.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

12.2 We warrant that on delivery the Goods shall:

(a) subject to clause 5, conform in all material respects with their description on the Website;

(b) be free from material defects in design, material and workmanship; and

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d) be fit for any purpose held out by us.

12.3 Subject to clause 12.4, if:

(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 12.2;

(b) we are given a reasonable opportunity of examining the Goods; and

(c) we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

12.4 We will not be liable for breach of the warranty set out in clause 12.2 if:

(a) you make any further use of the Goods after giving notice to us under clause 12.3;

(b) the defect arises as a result of us following any drawing, design or specification supplied by you;

(c) you alter or repair the Goods without our written consent;

(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

12.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 12.2 to the extent set out in this clause 12.

12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise, including the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. In particular we will not be responsible for ensuring that the Goods are suitable for your purposes.

12.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.

13. Our liability: your attention is particularly drawn to this clause

13.1 References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.

13.3 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) any other liability that cannot be limited or excluded by law.

13.4 Subject to clause 13.3, we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill;

(f) any indirect or consequential loss.

13.5 Subject to clause 13.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed a sum equal to the price of the Goods that gave rise to such liability.

13.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

14. Termination

14.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within fourteen (14) days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract on the due date for payment;

(c) we become aware of you or any of your Authorised Users sharing account details with an unauthorised third party;

(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

14.2 Without limiting any of your other rights under these terms, you may terminate the Contract with immediate effect by giving written notice to us if we commit a material breach of any term of the Contract and fail to remedy that breach within 30 days of being notified in writing to do so.

14.3 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

14.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

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 the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.3 You may cancel the Contract where there is an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us using the details provided in clause 1.4. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

16. Communications between us

16.1 When we refer to “in writing” in these Terms, this includes email.

16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service to our registered office address, or emailed to your account manager at the Company.

16.3 A notice or other communication is deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c) if sent by email, at 9.00 am the next working day after transmission.

16.4 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.

16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17. General 

17.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting a notification on the Website if this happens.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2 Variation: Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3 Waiver: If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

17.4 Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 Third party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.

17.6 Governing law and jurisdiction: The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.