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Terms & Conditions

Website Terms of Use

THIS WEBSITE IS AN OFFICIAL WEBSITE OF METRIC GROUP LIMITED.

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THIS "SITE").  USING OUR SITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR PURCHASE FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE. IN PARTICULAR PLEASE READ CLAUSE 8 WHICH DETAILS THE LIMITS OF OUR LEGAL LIABILITY (“RESPONSIBILITY”) TO EACH OTHER.

IF YOU CHOOSE TO PURCHASE FROM US, PLEASE READ OUR [CONDITIONS OF SALE] WHICH GOVERN THE TERMS OF ANY PURCHASES YOU MAKE FROM US THROUGH THIS SITE.

1.           Introduction

1.1        References to "you" or "your" are references to any person accessing this Site.

1.2        We are Metric Group Limited a company registered in England and Wales. Our registered number is 02560839 and our registered office is at Metric House Westmead Drive, Westmead Industrial Estate, Swindon, Wiltshire, SN5 7AD.

2.           Use of the Site

2.1        Most areas of our Site may be accessed without registering your details with us, however certain parts are only open to you if you register with us. By accessing any part of our Site, you will be assumed to have accepted these Terms in full. If you do not accept these Terms, you must leave the Site immediately.

2.2        We may revise these Terms at any time without notice by updating this page, and your continued access to or use of this Site will constitute your acceptance of any such changes.

2.3        If you want more information about anything on this Site, please [Contact Us].

2.4        Please remember that email is not a completely secure means of communication: it may be possible for others to intercept and read your messages. If you choose to send us information by email, it is at your own risk.

3.           Content

3.1        Unless we say otherwise, the copyright, trade marks and any other intellectual property rights in all material on the Site (including any text, images, logos, graphics, video or audio) belong to us or our licensors and may not be used without our express written permission.

3.2        You may not reproduce or adapt any part of the Site without our prior written permission, except for the purpose of accessing our products and/or services and for printing out any pages or product information for your own personal and non-commercial use. You may not reproduce, store or include any part of this Site (such as our product information or prices) in any other website or any public or private electronic retrieval system or service without our prior written permission.  This also means you may not use or carry out any data mining or similar data gathering and extraction tools to extract or re-use any material elements of our content.

3.3        Any use of the Site other than in accordance with these Terms is not permitted.   We reserve any legal rights that are not expressly granted to you by these Terms.

4.           Access to the Site

4.1        Our aim is to make the Site available 24 hours a day but we will not be responsible to you if it is unavailable at any time. We may temporarily suspend access to the Site without notice to undertake maintenance or to resolve any technical issues, or for any reason beyond our control.

4.2        We are not responsible to you if your means of access the Site or the methods you use to send us information about yourself, or to receive information from us, does not work properly.

4.3        We are not responsible to you if you cannot access the Site or if your access is interrupted (for example if you cannot complete a purchase or obtain a product at a stated price).

4.4        We reserve the right to modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you and we shall not be responsible to you or any third party for any such modification or withdrawal.

5.           Visitor Material & Conduct

5.1        We will assume that any information that you transmit or post to the Site is non-confidential and non-proprietary, with the exception of personally identifiable information which we will handle in accordance with our [Privacy Policy]. You permit us to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in them for any and all commercial or non-commercial purposes. 

5.2        If you choose to leave any user product reviews, where such functionality exists, you acknowledge that such reviews will be visible to the general public and you do so at your own risk.  You acknowledge that we may edit or remove comments at our discretion, for example where they are in breach of this agreement.  You agree that we may use any reviews submitted as part of our promotional materials.

5.3        You must not use the Site: (i) in any way that causes, or is likely to cause, any access to the Site to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity or hacking, or (iii) to cause annoyance, inconvenience or anxiety.  Nor may you use it to post or transmit any material which (a) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (b) is designed to cause harm (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or (c) is inaccurate, offensive, malicious, or defamatory.

5.4        We reserve the right to terminate accounts or refuse your custom if you are in breach of any applicable laws, these Terms, or any other applicable terms and conditions, guidelines or policies.

5.5        We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms or any applicable laws.

6.           Links to and from other Websites

6.1        Any links that we provide on this Site to any third party websites are provided solely for your convenience.  Any such links are provided in good faith and we have not verified the truth or accuracy of any content of such websites.  They are not an endorsement by us of any content, products or services in such websites. You use such links entirely at your own risk and we accept no responsibility for the content, use or availability of such websites.

6.2        Our Site may contain material provided by third parties, and we accept no responsibility for the accuracy of such material.

6.3        You may not link to our Site without our prior written permission.  Please contact us if you would like to do so, and you must comply with any conditions that we set.

7.           Registration

7.1        Where you are invited to register for any part of this Site, you must not share your user name and password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued and for restricting access to your computer rests with you. 

7.2        To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password and for any purchases made.  You should tell us immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.

8.           Our responsibility to you

8.1        The Site is provided by us to you on an “as is” and “as available” basis.

8.2        The Site is here to give you information about our products and services. It is up to you to decide whether they are suitable for you and the purposes for which you wish to use them.

8.3        Although we have taken all reasonable care to ensure that the information provided on this site is accurate and up-to-date, we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness or completeness of any such information.

8.4        We are not responsible for any losses or costs (i) arising out of your use of, or inability to use, the Site or (ii) that are caused by any circumstances outside our reasonable control, for example delays or failures caused by industrial action, problems with a third party system or network, third party viruses or malware, mechanical breakdown or data-processing failures.

9.           Your information

9.1        In the course of our dealings with you we will collect and process personal information about you, including to administer and process any orders you make. Further information on the manner in which we process personal information is set out in our [Privacy Policy].

10.        Governing law and jurisdiction

10.1      These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

Conditions of Sale

These Conditions of Sale (“Conditions”) govern the sale of products by us to you.

Please read these Conditions carefully before placing an order with us. By placing an order with us, you will be assumed to have agreed to be bound by these Conditions.

PLEASE PAY PARTICULAR ATTENTION TO CLAUSE [8] WHICH DETAILS THE LIMITS OF OUR LEGAL LIABILITY (“RESPONSIBILITY”) TO YOU.

1.           Information about us and how to contact us

1.1        Who we are: We are Metric Group Limited a company registered in England and Wales. Our registered number is 02560839 and our registered office is at Metric House Westmead Drive, Westmead Industrial Estate, Swindon, Wiltshire, SN5 7AD.

1.2        How to contact us: Contact information can be found on the [Contact Us] page of our Site.

1.3        How we will contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided us in your order.

1.4        Please remember that email is not a completely secure means of communication: it may be possible for others to intercept and read your messages. If you choose to send us information by email, it is at your own risk.

2.           Acceptance of Terms

2.1        By using our Site you are assumed to have agreed to our [Terms of Use]. If you do not agree to those terms, you may not use this site.

2.2        By placing an order with us via our Site or by telephone, you will be assumed to have also agreed to be bound by these Conditions.

2.3        We may revise these Conditions at any time without notice by updating this page.  Before placing any order, please take the time to re-read these Conditions even if you have read them before, as they may have changed since your last visit.   Your placement of any order indicates your acceptance of the latest version of these Conditions.  You should print or save a copy of these Conditions for future reference when you place your order.

2.4        If you are not a consumer, you represent and warrant that you have authority to bind the company, organisation or other entity to our agreement (including these Conditions and the Terms), and that you agree to our agreement (including these Conditions and the Terms) on behalf of yourself and the company, organisation or other entity

2.5        These Conditions refer to the following additional terms, which also apply to your use of our Site and any orders you may place:

2.5.1     Terms of Use - this sets out the terms you agree to by visiting our Site.

2.5.2     Delivery Policy - this sets out specific provisions relating to the delivery of any products that you buy from us.

2.5.3     Cancellation and Returns Policy - this sets out your rights into cancelling orders, returning items for replacement, and our refund policy.

2.5.4     Privacy Policy – this sets out how we will use any personally identifiable information we collect from you.

2.5.5     Cookies Policy – This sets out information about the cookies that we use on our Site.

3.           Placing an Order

3.1        Your order is an offer to us to buy the product(s) in your order. When you place an order with us, we will send you a confirmation email acknowledging receipt of your order and detailing the product(s) you have ordered (“Order Confirmation”). Please note that this Order Confirmation is not an acceptance of the order by us. 

3.2        We reserve the right to decline your order for any reason, including where we no longer have sufficient stock or have identified an error on the product listing.  We may require further information from you to enable us to evaluate and/or process your order (for example where an order exceeds £1,000). If we are unable to accept your order, we will endeavour to tell you so within forty eight (48) hours of your order, and we will refund any part of the declined order already paid for.

3.3        Without affecting your right of cancellation set out in our [Cancellation and Returns Policy], you may cancel your order for any product(s) at any time before we dispatch the product(s) to you.

3.4        We will only accept your offer, and agree to the contract of sale for the ordered product(s), when we dispatch the product(s) to you.

3.5        You agree that we can send you electronic invoices only.  Electronic invoices will be made available in pdf format in the [Account] area of our Site.

4.           Listings

4.1        All product prices are displayed [both inclusive and exclusive] of VAT at the prevailing rate. 

4.2        We may update prices at any time. On rare occasions a product may be mispriced. If this happens we will not be obliged to supply the product at the incorrect price, and we will contact you to offer the product to you at the correct price.  If we are unable to contact you, we may decline your order.

4.3        If we offer any promotional prices, these will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote any relevant promotion code when you order (where applicable). We may update promotions at any time.  Only one promotion code may be applied to an order and promotion codes may not be applied to products that are already discounted.

4.4        Whilst we try to list availability information for the product(s) on each product page, all stock is subject to availability.  If we are out of stock, we will make reasonable attempts to contact you within forty eight (48) hours using the contact details that you have given us.  If we are unable to discuss your order with you, or you do not wish to wait for stock to arrive, we may decline your order and we will refund any part of the declined order already paid for.

4.5        The images of the products on our Site are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your device's display accurately reflects the colour of the product(s). Accordingly the colour, appearance and detailing of product(s) delivered may vary slightly from those images. The packaging of the product(s) may also vary from that shown in images on our Site.

4.6        Any product information on the Site regarding weights, capacities, specifications, dimensions and measurements of a product is included as a guide only. Please contact us prior to placing an order if any of these features are important to you and you need precise details.

4.7        Unless expressly stated otherwise, we are not the manufacturer of the products sold on our Site. We endeavour to ensure that product information on our Site is correct to the best of our knowledge and belief. All product information is provided in good faith for information purposes only. We accept no responsibility for inaccuracies or misstatements about products in information provided by manufacturers or other third parties. This does not affect your statutory rights.

5.           Payment

5.1        The price of the product(s) will be the price indicated on the order pages when you place your order together with any applicable VAT and delivery charges. We must receive payment in advance before your order can be processed.

5.2        Payment can be made in accordance with the payment methods specified on our Site.

5.3        If you use a third party payment account or credit/debit card to pay for your order, you must use one that you are otherwise authorised to use. All credit/debit card purchases may be subject to third party validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not be able to accept your order.  We are not obliged to tell you why it was refused.

5.4        We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

5.5        You are responsible for all orders placed by your authorised employees or user of any registered account you hold with us.

5.6        Delivery

5.7        Prices for products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the product(s) you order, the delivery address and the delivery method you select. Delivery charges will be calculated automatically in your shopping basket depending on your choices and added to your order.  We may be unable to deliver to certain locations.  For more information please see our Delivery Policy.

5.8        The specific delivery service offered for each product, and any additional delivery services, are displayed on each product page.  Unless otherwise indicated, delivery is to kerb side only.  Our delivery personnel are not permitted to enter private residences.  You are responsible for any additional lifting once the delivery has been made.   We will deliver your order via the delivery method chosen by you during the checkout process (or, at our discretion, a higher level of delivery service).

5.9        Please note that unless otherwise stated on the Site, delivery estimates are only a guide and are not guaranteed, and should not be relied upon.  We are not responsible for any losses, damages or expenses that may result from delivery outside of the estimated timescales.  We recommend that you do not schedule or commence any installation work until after you have received your ordered products and checked all of them for any defects or missing parts.

5.10      If delivery is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know the steps that will be taken to minimise the effect of the delay. If there is a risk of substantial delay you may cancel the order and receive a refund for any products for which you have paid but not received.

5.11      A signature may be required to accept delivery and this signature will be used as proof that the delivery was accepted in its delivered condition.

5.12      If you wish to change or cancel a specific delivery date arranged with us or our nominated service providers, [Contact Us]. Additional charges may apply if you wish to make changes once a product has been prepared for despatch or has been despatched.

5.13      Risk of loss and damage to the product(s) passes to you on the date that the product(s) are delivered.

5.14      If an order is made for delivery outside of the UK, you may be subject to local import duties and taxes and handling charges. Any such additional charges are your responsibility and we have no control over these charges.  We are unable to change any details about your order or the value of the goods on any customs declaration.   You must comply with all laws and regulations of the country in which you are receiving the products. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities and we cannot be held responsible for any damage arising.

6.           Installation

6.1        Some products may require installation according to the manufacturer's instructions in order to meet the manufacturer's specifications. Prices quoted exclude installation unless otherwise stated. It is your responsibility to ensure the product is installed appropriately.

6.2        In all cases, it is your responsibility to ensure that floor loading restrictions are adhered to. The Seller will not be held responsible for any loss or damage as a result of floor loading limits being exceeded as a result of the installation of any of its products.

7.           Returns & Complaints

7.1        If the product(s) you receive are incorrect, damaged or faulty, we may offer a repair, exchange or refund as appropriate in accordance with your legal rights and our [Cancellation and Returns Policy]. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible, and in any event within forty eight (48) hours. We may reduce or reject any claims if we have not been given an opportunity to put matters right.  Subject to your statutory consumer rights, refunds will only be made once the returned products have been received by us.  The costs of any returns must be paid by you except where the products are incorrect, damaged or faulty.

7.2        We provide a customer support line telephone number and customer support email address, which deal directly with most enquiries. Contact information can be found on the [Contact Us] page of our Site.

7.3        We aim to reply to all comments and complaints within [forty eight (48)] hours. We will provide a likely timescale for resolving the dispute and keep you informed about progress.

8.           Disclaimers and limitations of our responsibility

8.1        If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) then:

8.1.1     to the extent permitted by law, we accept no responsibility for any:

(a)    loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);

(b)    loss which arises when we are not at fault or in breach of our agreement; and

(c)    business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

8.1.2     you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer.

8.2        If you are acting as a business customer (which for these purposes means anyone acting in the course of a business, trade or profession):

8.2.1     we shall have no responsibility for any losses you may suffer  (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund that we are obliged to provide under our agreement or otherwise at our discretion.

8.2.2     we accept no responsibility (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

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

(b)    loss of savings;

(c)    loss of use or production;

(d)    loss of goodwill;

(e)    business interruption;

(f)     subject to clause 9, remedial costs if the Products are damaged or defective;

(g)    damage to property or possessions through use or misuse of the Products;

(h)    loss caused by delay or other late performance; and

(i)     indirect or consequential losses.

8.2.3     you acknowledge and agree that all our obligations to you are set out in our agreement.

8.2.4     all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

8.2.5     we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any product(s) by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any responsibility associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.

8.3        Nothing in our agreement limits or excludes our responsibility for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other responsibility which cannot be limited or excluded by law.

8.4        Individual products may be subject to additional warranties or guarantees given directly by their manufacturers. Such warranties are not enforceable against us but only against the manufacturer giving them.  Manufacturer's warranties may vary on each product and are subject to change without notice.

9.           Jurisdiction and Venue

9.1        Subject to clause 9.2, our agreement is governed by the laws of England and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts of England.

9.2        Regardless of clause 9.1, if you are a consumer resident in a part of the United Kingdom other than England, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there, provided that (where we are allowed to do so by law), we may bring a claim against you in the courts of England.

10.        Other important terms

10.1      If any provision of our agreement (including any provision in which we exclude or limit our responsibility to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.

10.2      No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

10.3      If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4      You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.  We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of its rights or obligations under these terms and conditions or any related contract to any third party.

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