Terms & Conditions
Terms & Conditions
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) which are available through our website www.phoenix-sia.co.uk (our site) to you.
You may only order Goods from our site if you are contracting with us as a business customer and not as a consumer. You will be deemed to be a business customer if you are purchasing Goods from us for the purposes of your business, trade or profession, rather than for private use. Since you may not contract with us as a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply to any transaction between us and are hereby expressly excluded.
These Conditions shall govern any contract for the supply of Goods which are available through our site which is made at a distance between us and any business customer (you, your) by any method, including but not limited to telephone, email and fax and also via our site. You must tick the checkbox if you wish to be able to order Goods via our site.
It is important to read and understand these Conditions before placing your order.
1. INFORMATION ABOUT US
1.1 www.phoenix-sia.co.uk is a site owned and operated by Phoenix SIA Ltd (we, us, our). We are registered in England and Wales under company number 10650523 and our registered office is located at Unit 23, North Ridge Park, Haywood Way ,Hastings, East Sussex, TN35 4PP, United Kingdom. Our trading address is Phoenix SIA Ltd,Unit 23, North Ridge Park, Haywood Way ,Hastings, East Sussex, TN35 4PP, United Kingdom. Our VAT number is 275 056 104.
1.2 We supply professional security products from participating companies and manufacturers (a PCM) directly to you through our site.
2. SERVICE AVAILABILITY
It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us; we reserve the right to reject an order, reasons for rejection may include (but are not limited to) errors in price, description or if the product is obsolete/no longer available from a PCM. If we choose to cancel an order we shall, notify you by email of the reason and refund you in full any amount paid by reversing the transaction. The contract between us (Contract) will only be formed when we send you a written notification of acceptance of your order.
4.2 We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, specification, invoice or other document or information issued by us, without any liability on our part.
4.3 Information contained in catalogues, brochures, our site or in any other publicity material is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. Photographs and images of the Goods may not be an accurate representation of the Goods. Any advice provided by us shall be provided without liability to you.
4.4 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods. Exact colour matches cannot in any event be guaranteed due to colour variations existing between the products of different manufacturers.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
4.6 No variation or waiver of these Conditions or of the Contract shall be binding upon us unless the same has been agreed by us in writing and signed by our authorised representative.
4.7 Prior to placing your order for Goods, you agree that you must acquaint yourself and comply with all applicable laws, regulations and requirements relating to the Goods and to the possession, use, installation, disposal, import, export and resale of the Goods and you shall indemnify and hold us harmless against any consequences of any breach by you of this clause 4.7.
4.8 You may cancel your order prior to acceptance and you will receive a full refund; however, any order which is cancelled after acceptance will be subject to shipping costs, restocking fees and other charges, as per the corresponding PCM’s own terms and conditions.
5. AVAILABILITY AND DELIVERY
5.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you or to supply you with alternative similar goods if there is insufficient stock to deliver the Goods you have ordered.
5.2 All Goods will be delivered to you directly by us.
5.3 Discounted deliveries are only available for deliveries within the UK mainland. If you are entitled to free delivery, this will be indicated at the checkout stage.
5.4 Deliveries to the Isle of Man, Channel Islands, Northern Ireland, Republic of Ireland and to other countries within Europe will be made at additional cost and will take additional time. In these circumstances, you should email us for a quotation for delivery rates and times prior to submitting your order. We reserve the right to inform you of any additional cost/time required to effect delivery to you prior to accepting your order, you may cancel your order if you consider the additional charges to be unreasonable.
5.5 A signature is required on delivery and you or someone authorised by you will need to accept the delivery. In exceptional circumstances couriers unable to gain access may at their discretion leave the goods with a neighbour who is prepared to sign for their receipt, in these circumstances our contract to deliver is fulfilled and it is your responsibility to recover the goods from the signatory. In the case of delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the customer shall be deemed to constitute proof of delivery.
5.6 Should delivery be refused at the delivery address and re-requested for another date, we may make an additional charge for the second delivery.
5.7 You are responsible for ensuring that the correct number of packages have been delivered to you (as shown on the delivery consignment note).
5.8 Shortages must be noted on the delivery consignment note and you must notify us of shortages within seven days of delivery. If packages look damaged on delivery we recommend that the contents be inspected before accepting and signing for the delivery.
5.9 We use all reasonable endeavours to ensure that delivery is made around any delivery time advised, but delays to deliveries can occur for reasons which are beyond our control. Incorrect delivery address details may cause delays in delivery; you must ensure that you have included full delivery address details, including a complete and accurate postcode, daytime contact telephone numbers and an e-mail address so that we can notify you in the event of any prospective delay in delivering the Goods to you.
5.10 Deliveries are made 5 days a week - Monday to Friday. Deliveries are not normally made on Saturdays, Sundays or public or bank holidays. We endeavour to deliver within 30 days of acceptance of your order unless agreed otherwise, but we do not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public or bank holidays and most orders received after 3pm on weekdays, will be processed on the next working day.
5.11 All Goods are delivered on a kerbside delivery service. The Goods will need to be offloaded by you and you will be responsible for arranging for sufficient manpower and such other facilities as may be required to complete offloading of the Goods.
5.12 If specialist vehicles or delivery arrangements are required for any reason, you must notify us at the time that your order is placed, so that any additional costs can be calculated. If you do not inform us of any special requirements at the time stipulated in this clause 5.12, then all additional costs will be required to be paid prior to delivery.
5.13 The Goods may be delivered by separate instalments. Each instalment shall be a separate Contract and no cancellation of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
5.14 We reserve the right to delay or suspend delivery, without liability to you, if you fail to observe the payment terms in these Conditions, or if you fail to supply relevant technical and commercial information and documents or information required to us in time to meet the delivery date, or fail to obtain any required official or third party consents necessary for execution of delivery.
6.1 Returns are provided for under the corresponding PCM’s own terms and conditions. We will not accept returns to either our registered office address or sales office address. All returns must be supported by a Return Material Authorisation (RMA) supplied by us.
6.2 Refunds are provided following safe return of the Goods against an RMA and only if the PCM agrees that a refund is appropriate in favour of a replacement or repair. All refunds will be paid by cheque or directly to the card used to make the original purchase. Please note that:
(a) most PCM's reserve the right to charge a test and return fee where no fault in the Goods is found, where the Goods are found to have been damaged by you, or where the Goods are not covered by a warranty. These additional charges will be notified to you and must be met by you prior to the Goods’ return to you;
(b) DOA (Dead On Arrival) returns must have all packaging, leaflets, fixings, plugs etc. returned with the Goods;
(c) delivery charges are non-refundable and will be deducted from refunds issued, at cost;
(d) return shipping costs are your responsibility, as is liability for loss or damage in transit and it is recommended that a signed for insured service is used; and
(e) returns of unwanted Goods for credit are subject to any exclusions and limitations contained in the corresponding PCM’s own terms and conditions. In addition, unwanted Goods have to be returned unopened and unused and within 7 days of delivery and are subject to a restocking fee, Goods y be rejected if received in a non-saleable state.
To obtain an RMA and returns address please contact us on 0800 999 2447.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of:
(a) all sums due in respect of the Goods, including any applicable carriage charges; and
(b) all other sums which are or which become due to us from you on any account.
7.3 Until ownership of the Goods has passed to you, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4 Your right to possession of the Goods shall terminate immediately, if:
(a) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed over your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
(a) you are late in paying for the Goods; or
(b) you are late in paying for any other goods supplied by us; or if
(c) before title to the Goods passes to you, you become subject to any of the events listed in clause 7.4 (a) or (b), or we reasonably believe that any such event is about to happen and notify you accordingly, then:
without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, we may (during normal business hours and with or without vehicles) enter any premises of yours or of any third party where the Goods are stored or kept in order to recover them, at your cost. You shall not keep the Goods at any premises other than such premises as shall be specified in writing by you to us prior to the dispatch of Goods to you, or at any premises at which you do not have the right to grant access to us.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time (except in cases of obvious error).
8.2 All prices are supply only.
8.3 All prices exclude VAT and delivery charges, which will be added to the total amount due.
8.4 If you purchase Goods from outside the United Kingdom, currency fluctuations and credit card charges may make a difference to the amount billed to your credit or debit card.
8.5 Prices are liable to change at any time, but changes will not affect orders which we have already accepted.
8.6 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.7 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have accepted your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.8 We accept payment by UK registered Visa Credit, Visa Debit and MasterCard and via PayPal.
8.9 As part of the order process, security checks may be applied and your card details, including your address will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
8.10 Payment can alternatively be made by Bank Transfer. Please call our sales office on 0800 999 2447 for bank details and then please send payment with an order reference number.
8.11 Cheques issued by UK banks are also accepted and must be made payable to Phoenix SIA Ltd and sent to Phoenix SIA Ltd, Unit 23, North Ridge Park, Haywood Way ,Hastings, East Sussex, TN35 4PP, United Kingdom , United Kingdom.
9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
9.1 All intellectual property rights in relation to the Goods and any associated design software and designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied.
9.2 You warrant that all patterns, drawings, designs, samples or specifications supplied by you to us for use in the supply of the Goods are owned by or are validly licensed to you. You will fully indemnify us against any awards, costs, claims, damages, demands, expenses, losses or other liabilities (howsoever incurred) for breach of any third party intellectual property rights arising from any breach of this warranty.
9.3 You shall not apply your own trade mark, name or image or any other trade mark, name or image to the Goods without our prior written consent.
9.4 You acknowledge that all specifications, designs, programs or other material including know-how, plans, drawings and price lists issued by us or by any PCM are confidential and you agree not to use them or any other confidential information of ours or of any PCM for any purpose (other than the purpose for which the information was disclosed) nor reproduce it in any form, nor disclose it to third parties. You shall not seek to abstract from the Goods any confidential information regarding their design, construction or otherwise (and without limiting the foregoing shall not decompile any software comprised in the Goods) and all rights subsisting in such material are hereby reserved.
10. USE OF GOODS AND SPECIFICATIONS
10.1 All Goods are supplied on condition that you undertake at all times to take notice of and comply with all instructions and recommendations issued with or contained on or relating to the Goods and to take all reasonable and prudent precautions as to the installation and use thereof. We shall not be liable to you or to any third party for any loss or damage which arises from your installation or use of the Goods.
10.2 All Goods are intended for installation by trained and qualified security professionals. Many Goods will require connection to the electrical supply in a manner which will require a certificate issued in accordance with Part P of the Building Regulations. In addition, rules regarding siting of equipment in washrooms, bathrooms etc. may apply; if in doubt, a qualified electrical engineer should be consulted.
10.3 Some Goods may require professional system design, installation and maintenance in order to meet insurance, fire authority, and other regulatory requirements; such Goods include (but are not limited to) safes, intruder alarms, electronic locks and fire alarms. If you intend to fit any of these Goods it is your responsibility to ensure that any insurance company and local fire authority is prepared to accept the system as installed, as failure to do so could result in invalidation of your insurance policy, revocation of your fire certificate and/or criminal liability.
10.4 Any recommendation or assistance provided by us concerning the use, design, application, or operation of the Goods shall not be construed as a representation or warranty of any kind, express or implied and any such recommendation or assistance is accepted by you at your own risk and without any liability on our part, nor shall any failure by us to make any such recommendation or provide assistance to you give rise to any liability for us.
10.5 You shall be solely responsible for assessing the Goods' suitability and fitness for purpose, irrespective of any specification, data, sample, product literature, description, or any other statement as to suitability and fitness for purpose or performance issued by us or by any PCM.
10.6 We reserve the right to alter the specifications of all Goods and to supply Goods to you reflecting such altered specifications without prior notice to you, provided that such alterations do not materially affect the characteristics of the Goods. Slight deviations within accepted tolerances shall not entitle you to cancel an order, return Goods or claim compensation.
11. WARRANTIES AND LIMITATION OF LIABILITY
11.1 Warranties are provided directly by the PCM on a return to base (RTB) basis and are expressly provided for under the corresponding PCM’s own terms and conditions.
11.2 The Goods will comply with mandatory English law regulations applicable to the manufacture and non-consumer sale of the Goods at the date of delivery, but no other warranty is given by us and our only responsibility is to ensure that defective Goods are repaired, replaced or refunded within the terms of the warranty provided by the relevant PCM.
11.3 All Goods are marked as tested to required standards as appropriate for sale in Europe including CE, ROHS, R&TTE and are marked WEEE where appropriate. We are not responsible for ensuring that these tests are conducted, but we choose reputable PCM’s who supply products pre-tested and marked to standards as appropriate for the relevant products. Copies of test certificates and other appropriate documents will be supplied to you by the relevant PCM upon request.
11.4 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of these Conditions;
(b) any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.5 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.6 Nothing in these Conditions excludes or limits our liability:
(a) for death or personal injury caused by the our negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
(d) for fraud or fraudulent misrepresentation.
11.7 Subject to clause 11.5 and clause 11.6:
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.8 You shall indemnify us against all claims, damages, losses, costs and expenses incurred by us as a result of claims made against us by third parties and arising from the combination or use of the Goods with any incompatible ancillary product, or arising from any other matter for which we may be liable as a result of any act or omission by you, or occurring on your behalf.
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 the Contract that is caused by any event outside our reasonable control (a 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) any inability of or refusal by any PCM to provide the relevant Goods;
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) impossibility of the use of public or private telecommunications networks; or
(g) 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. WRITTEN COMMUNICATIONS
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 provide you with information by posting notices on our site. 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 clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent.
15.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
16.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Conditions or any provisions of the 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.
18. ENTIRE AGREEMENT
18.1 These 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.
18.2 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 Conditions.
19. OUR RIGHT TO VARY THESE CONDITIONS
19.1 We have the right to revise and amend these 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.
19.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these 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 Conditions before we send you the Dispatch Confirmation.
20. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
If you have a complaint then we really want to know about it so that we can try to resolve it, please contact Customer Services at the invoice address below.
If your query relates to an order or feedback regarding this site then call us on 0800 999 2447 or 01424 442919 between 9am and 5pm Monday - Friday (excluding UK bank holidays):
Phoenix SIA Ltd Registered in England No 10650523
Registered office address:
Phoenix SIA LTD
Unit 23, North Ridge Park
Phoenix SIA LTD
Unit 23, North Ridge Park
Please note: No items can be collected from or returned to the above addresses without an RMA.