TERMS & CONDITIONS
1. INFORMATION ABOUT US
1.1 This web site is owned and operated by HeliCAD Limited. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details below.
1.2 parax.co.uk is a site operated by HeliCAD Limited. We are VAT registered under number GB 108 5589 93 and with our registered business address at: 43 Colebrook Lane, Loughton, Essex, IG10 2HJ
Telephone: +44 (0) 7800 851 295. Email: info@helicad.co.uk
2. CONTRACT BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from info@helicad.co.uk (us) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted or any payment debited. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the order dispatched email). The contract between us will only be formed when we send you the order dispatched email or when your order status has been updated.
2.2 The contract will relate only to those products whose dispatch we have confirmed in the order dispatched email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate dispatch confirmation.
2.3 Any descriptions or illustrations contained on our website are published solely to provide you with an approximate idea of the products they describe.
2.4 We are entitled to refuse any order made by you for any reason.
2.5 When making a order you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your order and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
2.6 If we do not accept your order, we will release the pre-authorisation payment of the price paid by you as soon as possible and, in any case, within 30 days of our non-acceptance of your order.
2.7 For details on making a purchase, please refer to our making a purchase page.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
3.2 To cancel a contract, you must inform us in writing or by email. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 You will not have any right to cancel a contract for the supply of any unopened products.
4. AVAILABILITY & DELIVERY
4.1 Your order will be fulfilled by the delivery time frame set out in the dispatch confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 We may deliver the products by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the contract. Each installment shall be a separate contract.
4.3 If the products you order become unavailable or are out of stock, we will inform you of this as soon as reasonably possible by telephone or email to advise you of any alternatives that we can offer or your right to a refund.
4.4 Delivery that is refused/rejected will be deemed to have been fulfilled, we will refund the cost of the products once they are back in our possession, cost of delivery is non-refundable.
4.5 Where we offer and you accept free delivery, then delivery will be by courier. If you choose to accept free delivery, you accept that
(a) delivery is by courier (b) proof of postage will be deemed proof of delivery; and (c) We will not be liable for any non-delivery or for goods lost or damaged in transit as long as we are able to show proof of posting to the delivery address provided by you.
4.6 For the purposes of clause 6.5, a royal mail certificate of posting showing the correct delivery address as supplied by you will be deemed as proof of posting.
4.7 Clause 4.5 and 4.6 relates UK Mainland Delivery only.
4.8 Please visit our delivery & returns page for more information regarding our services.
5. PRICE AND PAYMENT
5.1 We require full payment details with your order.
5.2 The price of any products will be as quoted on our site from time to time, except in cases of obvious error. In the case of a change of price or we have inadvertently under-priced products, we will always contact you first to ensure that the price is acceptable before dispatch.
5.3 All prices shown throughout this website are in Pounds Sterling (GBP) only. These prices include VAT but exclude delivery costs, which will be added to the total amount due at checkout.
5.4 For orders made from the UK or the European Union, 20% VAT is included. All other orders are VAT free.
5.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch Confirmation.
5.6 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
5.7 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
5.8 Payment for all Products must be by credit or debit card. We accept payment with Visa Debit, Visa Credit, Visa Electron, MasterCard, Maestro, Solo Card. When you place an order we obtain per-authorisation from your card issuer, we only fully charge your credit or debit card when your goods are ready to be dispatched
5.9 The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5.10 If your bank account does not operate in Pounds Sterling (GBP) your bank may convert Pounds Sterling (GBP) to that of your own currency at their exchange rate prevailing at the time of the transaction, we are not responsible or have any control for any exchange rate conversion.
5.11 Only one promotion code can be used per order.
6. REFUND POLICY
6.1 For details on refunds or exchanges, please refer to our returns policy page - this forms part of the Terms and Conditions.
6.2 These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
6.3 None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
6.4 We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card company for processing any transaction or refund in relation to your order.
6.5 Any product discounts/promotions given may be reversed if your remaining order value does not meet the discount/promotion criteria (excluding delivery).
6.6 Any free delivery given may be reversed if your remaining product order value does not meet the free delivery criteria after a refund or exchange of product.
6.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. OUR LIABILITY
7.1 Where we are not the manufacturer of the products, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
7.2 We warrant to you that on delivery any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7.3 This warranty is in addition to your legal rights in relation to products which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available at your local Citizens Advice Bureau or trading standards office.
7.4 This warranty does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, if you use the product in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. Fair wear and tear through usage is not to be confused with faulty goods.
7.5 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the product you purchased.
7.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 94.
8. IMPORT DUTY
8.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
9. WRITTEN & TELEPHONE COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or telephone or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. NOTICES
All notices given by you to us must be given to HeliCAD at info@helicad.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. TRANSFER OF RIGHTS & OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. WAIVER
13.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
14. SEVERABILITY
14.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS & CONDITIONS
16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
17.LAW & JURISDICTION
17.1 Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18. INTELLECTUAL PROPERTY RIGHTS
19.1 All and any Intellectual Property Rights in connection with the Products and our website shall be owned by us absolutely.
19. CUSTOMER SERVICE
19.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to info@helicad.co.uk
19.2. If you have any complaints these should be addressed in writing to ParaX, c/o HeliCAD, 43 Colebrook Lane, Loughton, Essex, IG10 2HJ
20. PRIVACY POLICY
20.1 ParaX do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party.
20.2 Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.
20.3 They are also used after you have logged on as part of that process.
20.4 You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' (in Internet Explorer) and selecting to block cookies.
20.5 If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to: a. Take and fulfill customer orders.
b. Administer and enhance the site and service.
c. Only disclose information to third-parties for goods delivery purposes.
20.6 By using and browsing the ParaX website, you consent to cookies being used in accordance with our policy. If you do not consent, you must disable cookies or refrain from using the site.
21. CREDIT CARD SECURITY
21.1 When the order is placed at our website, we encrypt your details using SSL, look out for the padlock logo to confirm this. Sometimes it may be necessary to contact you to verify some details but we will never ask you to email your credit card number.
22. WEBSITE USE
22.1 You must only use this website for lawful purposes, and you must not use it in a way that interfere with the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website.
22.2 You may use, download and print content from the website exclusively for your own personal use. Other than for your own personal use, you may not without our prior written consent:
copy, reproduce, use or otherwise deal with any content on the website;
modify, distribute or re-post any content on the website for any purpose;
reproduce, crawl, frame, link to or deep-link into this website on or from any other website;
use the content of the website for any commercial exploitation whatsoever.
22.3 If you are a business or a corporate entity and would like to request permission to use photography or other content from our website for corporate use, please contact us at info@helicad.co.uk.
22.4 Use of this website from outside the UK
. The content and materials on this website are displayed solely for the purposes of promoting products and services available worldwide. ParaX accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.