These Terms will apply to any contract between us for the sale of Products to you (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from Our Sites. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from Our Sites.
You should print a copy of these Terms or save them to your computer for future reference.
STRUMIS LTD amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 www.strumis.com, www.bim-review.com and www.steelfabricationsoftware.com are sites operated by STRUMIS LTD ("STRUMIS LTD"). STRUMIS LTD are registered in England and Wales under company number 02074149 and have our registered office at Weir Bank, Bray-On-Thames, Maidenhead, Berkshire SL6 2ED. Our main trading address is Truro House, Stephenson's Way, Wyvern Business Park, Derby, DE21 6LY United Kingdom. Our VAT number is GB524007095.
1.2 You may contact us by e-mailing us firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.2.
2. OUR PRODUCTS
2.1 The images of the Products on Our Sites are for illustrative purposes only. Although STRUMIS LTD has made every effort to display the colours accurately, STRUMIS LTD cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on Our Sites.
3. USE OF OUR SITES
Your use of Our Sites is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW STRUMIS LTD USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A BUSINESS CUSTOMER
5.1 If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use Our Sites to purchase Products.
5.4 You and STRUMIS LTD agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that STRUMIS LTD has received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 STRUMIS LTD will confirm it's acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (the "Dispatch Confirmation"). The Contract between us will only be formed when STRUMIS LTD send you the Dispatch Confirmation.
6.4 If STRUMIS LTD is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because STRUMIS LTD cannot meet your requested delivery date or because of an error in the price on its site as referred to in clause 10.5, STRUMIS LTD will inform you of this by e-mail and STRUMIS LTD will not process your order. If you have already paid for the Products, STRUMIS LTD will refund you the full amount including any delivery costs charged as soon as possible.
6.5 In relation to Products downloaded directly from Our Sites, you acknowledge that all Products are sold subject to these terms and conditions and that any Contract between us in relation to such Products shall be on these terms and conditions.
7. OUR RIGHT TO VARY THESE TERMS
7.1 STRUMIS LTD amends these Terms from time to time.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 STRUMIS LTD may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If STRUMIS LTD has to revise these Terms as they apply to your order, STRUMIS LTD will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and STRUMIS LTD will arrange a full refund of the price you have paid, including any delivery charges.
8.1 STRUMIS LTD will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which STRUMIS LTD e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, STRUMIS LTD will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.3 Delivery of an Order shall be completed when STRUMIS LTD delivers the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
8.4 You own the Products once STRUMIS LTD has received payment in full, including all applicable delivery charges.
9. INTERNATIONAL DELIVERY
9.1 STRUMIS LTD delivers to the countries listed on this page (the "International Delivery Destinations"). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
9.2 If you order Products from Our Sites for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that STRUMIS LTD has no control over these charges and STRUMIS LTD cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. STRUMIS LTD will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on Our Sites at the time you submit your order. STRUMIS LTD takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if STRUMIS LTD discovers an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes 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, STRUMIS LTD will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our Sites contain a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on Our Sites may be incorrectly priced. If STRUMIS LTD discovers an error in the price of the Products you have ordered STRUMIS LTD will contact you to inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your order. STRUMIS LTD will not process your order until STRUMIS LTD has your instructions. If STRUMIS LTD is unable to contact you using the contact details you provided during the order process, STRUMIS LTD will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, STRUMIS LTD does not have to provide the Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card. STRUMIS LTD accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, MasterCard Debit, Maestro.
11.2 Payment for the Products and all applicable delivery charges is in advance. STRUMIS LTD will not charge your debit card or credit card until STRUMIS LTD dispatches your order.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 For Products which do not have a manufacturer's guarantee, STRUMIS LTD provides a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
12.2.1 fair wear and tear;
12.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.2.3 if you fail to operate or use the Products in accordance with the user instructions;
12.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
12.2.5 any specification provided by you.
12.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. OUR LIABILITY IF YOU ARE A BUSINESS
13.1 STRUMIS LTD only supplies the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4 defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, STRUMIS LTD will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.3.1 any loss of profits, sales, business, or revenue;
13.3.2 loss or corruption of data, information or software;
13.3.3 loss of business opportunity;
13.3.4 loss of anticipated savings;
13.3.5 loss of goodwill; or
13.3.6 any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.5 Except as expressly stated in these Terms, STRUMIS LTD does not give any representation, warranty or undertaking in relation to the Products. 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, STRUMIS LTD will not be responsible for ensuring that the Products are suitable for your purposes.
14. EVENTS OUTSIDE OUR CONTROL
14.1 STRUMIS LTD will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 STRUMIS LTD will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a 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 Products to you, STRUMIS LTD will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and STRUMIS LTD will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1 When STRUMIS LTD refers, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a business:
15.2.1 any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
15.2.2 a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission;
15.2.3 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; and
15.2.4 the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. OTHER IMPORTANT TERMS
16.1 STRUMIS LTD may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. STRUMIS LTD will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if STRUMIS LTD agrees in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If STRUMIS LTD fails to insist that you perform any of your obligations under these Terms, or if STRUMIS LTD does not enforce its rights against you, or if STRUMIS LTD delays in doing so, that will not mean that STRUMIS LTD has waived its rights against you and will not mean that you do not have to comply with those obligations. If STRUMIS LTD does waive a default by you, STRUMIS LTD will only do so in writing, and that will not mean that STRUMIS LTD will automatically waive any later default by you.
16.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.7 Both STRUMIS LTD and you irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).