Updated: 18.07.2013

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE sac-bott.com (THE "WEBSITE"), YOUR ACCESS TO, AND UNDERTAKING AND PURCHASE OF OUR GOODS AND YOUR RELATIONSHIP WITH SPACEWAY SOUTH LIMITED ("WE" "US" or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 5, 6 AND 9.

BY TICKING THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THESE TERMS YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS. BY DOING SO, YOU WILL THEN BE ABLE TO PROCEED WITH AN ORDER WITH US TO WHICH THESE TERMS AND CONDITIONS WILL APPLY.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU SHOULD NOT CONTINUE WITH THE PURCHASE OF OUR GOODS OR SERVICES.

If you have any questions about these terms and conditions, please contact our customer support team:

• Email: enquires@sac-online.com
• Tel: 01794835615
• Fax: 01794835616
• Opening Hours: Monday – Thursday 08:30 – 17:00 Friday 08:30 – 16:00 excluding UK public holidays.

• Trading Address:
• Spaceway South Limited
• Premier House
• The Premier Centre
• Abbey Park Industrial Estate
• Romsey
• Hampshire
• SO15 9DG

• 1. DEFINITIONS & INTERPRETATION
• • 1.1. For the avoidance of doubt, the following definitions shall apply in these terms and conditions:
  • 1.1.1. Company, We, Us or Our means Spaceway South Limited trading as Sac-Online, a limited company registered in England and Wales under company no. 02561649 whose registered office address is at Stag Gates House, 63/64 The Avenue, Southampton, SO17 1XS.
  • 1.1.2. Conditions means the terms and conditions set out herewithin.
  • 1.1.3. Contract means the contract between the Company and the Customer for the sale and supply of the Goods and Services in accordance with these conditions.
  • 1.1.4. Customer or You means the individual or entity that purchases the Goods and Services from the Company.
  • 1.1.5. Force Majeure Event has the meaning given in Section 10.
  • 1.1.6. Goods means the goods (or any part of them) set out in the Order.
  • 1.1.7. Order means the Customer’s order for the Goods and Services, as set out on the Website.
  • 1.1.8. Website: means the domain name sac-bott.com which is owned and operated by the Company.
  • 1.2. The headings We have used in this Agreement are inserted for Your convenience only and shall not affect the interpretation of these terms.
  • 1.3. A reference to a particular law is a reference to it as it is in force for the time being, taking into account of any amendments or re-enactments and includes any subordinate legislation made under it.
  • 1.4. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • 1.5. A reference to writing or written includes emails.
• 2. THE CONTRACT BETWEEN US
• • 2.1. These terms and conditions shall apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • 2.2. When You make an Order on Our Website, this shall constitute an offer made by You to purchase Our Goods in accordance with these Conditions, which we are free to accept or decline at our absolute discretion.
  • 2.3. Once You have submitted Your Order, You will receive an email confirming Your Order which shall only indicate that We have received Your Order. It shall not indicate that We have accepted Your Order even if payment is taken.
  • 2.4. Your Order shall only be deemed to be accepted once We have despatched the Goods to You, at which point the Contract between us shall come into existence unless We have notified You that:
  • 2.4.1. We do not accept Your Order;
  • 2.4.2. Deliveries cannot be made to Your area;
  • 2.4.3. The Goods are out of stock;
  • 2.4.4. The Goods You ordered were listed at an incorrect price due to a typographical error.
  • 2.4.5. You have cancelled the contract in accordance with Section 6.
  • 2.5. We will not dispatch the Goods until full payment is received and cleared for the Goods. In the unlikely event that Your Goods are dispatched in the absence of receiving full payment, the right and title to the Goods shall remain with Us until full payment is received.
  • 2.6. In the event that Your Order is refused, We will notify You by e-mail and We will refund the sum deducted by Us from Your payment card as soon as possible within 14 days of Your Order.
• 3. DELIVERY
• • 3.1. We shall ensure that the delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and special storage and handling instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
  • 3.2. We shall use a third party Courier to deliver the Goods to the location set out in Your Order.
  • 3.3. Delivery shall be completed upon the Goods arrival at the delivery location.
  • 3.4. For Goods that are delivered on a pallet due to their size and nature, delivery of the Goods shall be made to the kerbside of Your delivery address.
  • 3.5. Any dates quoted for delivery are approximate only, and the time of delivery shall not be of the essence. We shall not be liable for any delay in the delivery of the Goods in accordance with clause 3.6 below.
  • 3.6. We will take reasonable steps to meet the delivery date set out on Your Order. For Goods that are customer specific, the average lead time is 3-4 weeks and We will notify You of the expected delivery date for Your Goods within a reasonable time before Your Goods are expected to arrive. We shall have no liability for any delay for the delivery of the Goods that is caused by an event that is out of Our reasonable control or caused by Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply and delivery of the Goods.
  • 3.7. If You fail to accept delivery of the Goods when the Courier attempts to deliver the Goods, an additional delivery charge at cost price shall apply for the redelivery of the Goods.
  • 3.8. In the event that You fail to accept delivery of the Goods after the second delivery attempt, You shall collect the Goods from their location at the Courier’s depot.
  • 3.9. Further to clause 3.8 above, We shall not be liable to provide a refund in the event that Your Goods are disposed of or resold due to Your failure to accept delivery of the Goods within the timescales and conditions stated under this Section 3.
• 4. TITLE & RISK
• • 4.1. The risk in the Goods shall only pass to You on completion of delivery.
  • 4.2. Title to the Goods shall not pass to You until We have received full payment for the Goods.
  • 4.3. Until the title of the Goods has passed to You, You shall be responsible to:
  • 4.3.1. Store the Goods separately from all other property held by You so that they remain readily identifiable as Our property;
  • 4.3.2. Not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
  • 4.3.3. Maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
• 5. PRICES & PAYMENTS
• • 5.5. The price of the Goods shall be the Price set out at the checkout on the Website.
  • 5.6. The price of the Goods is exclusive of VAT, in respect of value added tax. VAT will be applied at the checkout when confirming Your Order at the prevailing rate.
  • 5.7. The cost of delivery to a mainland UK address (excluding PO box addresses) shall be included in the price of the Goods. Additional delivery costs shall apply for delivery locations outside of the mainland UK and we shall inform You of any additional delivery charges prior to delivering Your Goods.
  • 5.8. We may, by giving notice to You at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
  • 5.8.1. Any factor beyond Our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing or administration costs);
  • 5.8.2. Any request made by You to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
  • 5.8.3. Any delay caused by any of Your instructions or Your failure to provide adequate and accurate information.
  • 5.9. Payment for all Goods must be made in advance by Credit or debit card using Our secure online payment service on the Website.
  • 5.10. Payment on account shall be available to You at Our sole discretion and will be subject to the payment terms on the Invoice issued to You.
• 6. CANCELLATIONS & RETURNS – PLEASE READ CAREFULLY
• • 6.1. Where You have purchased Goods or Services from Us as a Consumer (i.e. for private use as opposed to business use) You are entitled to cancel Your contract completed with Us within fourteen (14) days from the day after You received the Goods or Services and receive a refund in accordance with these Conditions.
  • 6.2. Where You have purchased Goods or Services that are bespoke to Your specific requirements, You shall not be entitled to cancel the contract and receive a refund unless the Goods are damaged, faulty or not fit for purpose.
  • 6.3. To return or cancel Your Goods or Services ordered online and to receive a refund You must notify Us first. You can notify Us by any of the following means:
  • 6.3.1. By post: Spaceway South Limited, Premier House, The Premier Centre, Abbey Park, Industrial Estate, Romsey, Hampshire, SO15 9D.
  • 6.3.2. By e-mail: enquires@sac-bott.com.
  • 6.3.3. Telephone: 01794835615 (Opening hours Mon-Thurs 08:30 – 17:00 Friday 08:30 – 16:00 excluding UK public holidays).
  • 6.4. For Goods that are faulty or damaged, You must notify Us within three (3) days from the date of receiving the delivery.
  • 6.5. For Goods that are not fit for purpose, You must notify Us within twenty eight (28) days from the date of receiving the delivery.
  • 6.6. For the avoidance of doubt, if you can prove to Us that You or the person receiving the goods did not have a reasonable opportunity to inspect the Goods within the time periods stated above, the time periods for making a claim shall be extended so that the notice must be given from the date the Goods could be inspected.
  • 6.7. Where the Goods that We have supplied are being returned because they are damaged, faulty or not fit for purpose, We shall decide at Our sole discretion whether the Goods are damaged, faulty or not fit for purpose. Should We conclude upon receipt and inspection that the Goods are damaged, not fit for purpose or are of unsatisfactory quality, We will meet the cost of the return carriage and We shall either replace the Goods or provide a full refund for the Goods accordingly.
  • 6.8. Where the Goods are being returned without any faults or defects in accordance with clause 6.2 above, the Goods must be returned to Us at Your own expense. The Goods will be collected by Us or Our third party supplier within 28 days of Our receipt of Your cancellation notice. We will charge You for the cost of collecting the Goods and a restocking charge based on 20% of the purchase price of Your Goods by deducting the total cost from the sum owed by Us to You.
  • 6.9. Further to clause 6.8 above where the Goods are being returned without any faults or defects, You shall be responsible for ensuring the Goods are returned in their original selling condition. For the avoidance of doubt, You shall not be entitled to a refund where the Goods have been used or any safety seals on the Goods have been broken due to the nature of the Goods we supply.
  • 6.10. The title and risk to the Goods shall remain with You until We are in receipt of the Goods and We have confirmed their contents.
  • 6.11. You must exercise reasonable care and skill when packaging the Goods in order to ensure their safe return.
• 7. SUPPLIER WARRANTIES
• • 7.1. In accordance with Section 6 above, in the event that a fault or defect becomes apparent after 28 days from the date you received the Goods, the Goods may be subject to the Suppliers warranty which may allow for a warranty against faults and defects beyond this period. We shall endeavour to include all applicable information on Supplier warranties with the delivery of your Goods but please contact Us if you have not received any information on any applicable Supplier warranties for Your Goods.
• 8. PRODUCT DESCRIPTIONS
• • 8.1. Whilst We endeavour to ensure that the information on Our Website is correct, We do not warrant the accuracy and completeness of the information displayed. Our product descriptions for the Goods are general descriptions only.
  • 8.2. We do not guarantee the suitability of the Goods for any specific person or use. As with any online purchase the choice of suitability is Your responsibility based on our fair and accurate description. You are advised to confirm the Goods current specification before placing Your Order.
  • 8.3. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can be affected by the calibration of different devices.
  • 8.4. Any images of the Goods are for guidance only and may not be an exact image of the Goods You receive.
  • 8.5. All weights and measurements are supplied as a guide only and are approximate. We shall not be liable for any errors in their accuracy and You are advised to contact us for further clarification on the Goods weight and measurements.
• 9. EXCLUDING AND LIMITING OUR LIABILTY – PLEASE READ CAREFULLY
• • 9.1. Nothing in these Conditions shall limit or exclude Our liability for:
  • 9.1.1. Death or personal injury caused by our negligence, or the negligence of Our employees, agents or subcontractors (as applicable);
  • 9.1.2. Fraud or fraudulent misrepresentation;
  • 9.1.3. Breach of the terms implied by Section 12 of the Sale of Goods Act 1979;
  • 9.1.4. Defective products under the Consumer Protection Act 1987; or
  • 9.1.5. Any matter in respect of which it would be unlawful for Us to exclude or restrict liability,
  • 9.2. We disclaim all liability for any ‘Consequential Loss’ arising from, or in connection with the Goods and Services supplied by us. For the purpose of these Terms, Consequential Loss shall include, but not be limited to:
  • 9.2.1. Loss of income or revenue;
  • 9.2.2. Loss of profit;
  • 9.2.3. Loss of business;
  • 9.2.4. Loss of opportunity;
  • 9.2.5. Loss of anticipated savings;
  • 9.2.6. Loss of data; or
  • 9.2.7. Loss of work.
  • 9.3. Any performance dates or time deadlines set out in the Order are estimates only and time for performance by Us shall not be of the essence under these Terms.
• 10. INTELLECTUAL PROPERTY RIGHTS
• • 10.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
  • 10.2. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
• 11. UNFORSEEN CIRCUMSTANCES (FORCE MAJEURE)
• • 11.1. We shall not be liable for any failure or delay in performing Our obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event.
  • 11.2. A Force Majeure Event means any event beyond Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, civil commotion, interference by civil or military authorities, national or international calamity, malicious damage, breakdown of plant or machinery, chemical or biological contamination, explosions, collapse of building structures, fires, floods, snow, severe ice, storms, earthquakes, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
• 12. SEVERANCE
• • 12.1. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
• 13. WAIVER
• • 13.1. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by Us to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
• 14. THIRD PARTY RIGHTS
• • 14.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and Us shall have any rights under it.
• 15. VARIATION
• • 15.1. Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Us.
• 16. ENTIRE AGREEMENT
• • 16.1. This Agreement shall set out the whole of our agreement relating to the supply of Goods by Us to You.
• 17. GOVERNING LAW AND JURISDICTION
• • 17.1. This Agreement 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 referred to an independent mediator and governed by and construed in accordance with English law.
  • 17.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent mediator.