e-Commerce Terms & Conditions

Please read these e-Commerce Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Actisense® – Terms and Conditions of Sale

1. Definitions

In this document, the following words shall have the following meanings:

• “Buyer” means the organisation or person who buys Goods;
• “Goods” means the articles to be supplied to the Buyer by the Seller;
• “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
• “Seller” means Active Research Ltd, 21 Harwell Road, Nuffield Industrial Estate, Poole, Dorset UK BH17 0GE.

2. General

• These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
• Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Price and Payment

• The price shall be the Suggested Retail Price (SRP), unless otherwise agreed in writing between the parties.
• For the sale of goods via Actisense.com, The Seller accepts payment by debit card or credit card.
• Goods are only dispatched to the Buyer once payment has been processed.
• Goods are subject to localised taxes and duties.
• Limited sales promotional codes may be offered periodically. These are at the discretion of the Seller and can be revoked at any time.

4. International Sales

The cost of shipping and any duties will be calculated and added to any order placed.

The Buyer is responsible for including their EORI number and VAT number where applicable.

5. Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

6. Sample

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.

7. Purchase Orders

The Seller requests the Buyer to place all orders via actisense.com. All orders received will be processed within 48 business hours.

8. Delivery

• Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
• Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
• Carriage, insurance and freight will be charged at cost per shipment based on the preferred carrier of the Seller. UK orders are shipped DAP 21 Harwell Road, Poole Dorset. International orders are shipped FCA 21 Harwell Road, Poole, Dorset unless agreed by the Seller in writing prior to shipment.

9. Risk

Risk in the Goods shall pass to the Buyer upon receipt of the Goods. Where the Seller has agreed that the Buyer is collecting the Goods, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

10. Title

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

11. Guarantee

Five-year return to base guarantee on all Actisense products, with a five-year guarantee on Actisense ‘A-’ and ‘PRO-’ range products upon registration of the product through www.actisense.com. Any unit found to be faulty will be repaired or replaced free of charge, unless the damage occurred against the technical advice provided within the product manual. Any returns under guarantee must be made by requesting a returns number from the Technical Support team, email support@actisense.com or phone +44(0)1202 746682. Technical Support is available Monday – Friday, 8.30am – 4.30pm British time, excluding UK and Company holidays. Once a returns number has been issued, the number must be clearly displayed on the returns packaging and any documentation therein. The Seller reserves the right to replace an item with a new item of the same or improved specification. It is recommended that all Goods purchased are registered on www.actisense.com to ensure optimum after sales service.

12. Dealing with Suspected Faulty Items

In the first instance of suspecting a product to be faulty, customers are asked to e-mail support@actisense.com so that our Support team can perform initial tests on the unit. If our team cannot resolve the issue, customers should return the product to their place of purchase, e.g. a local distributor, or directly to Actisense where a local distributor is not available. Upon further inspection, if the product is found to be faulty, Actisense will replace it free of charge with an equivalent or improved version, provided that the product is still under guarantee. When dealing with replacement items, Actisense will only be responsible for covering carriage costs from our UK headquarters.

13. Return of Unused Goods

• All Goods are sold on a firm sale basis, i.e. the Seller will not take back any Goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
• Any returns must be authorised by the Seller or an authorised representative thereof.
• Where the Seller agrees to accept the return of non-faulty Goods, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any Goods that are damaged in any way. The Seller will only exchange or refund for non-faulty Goods returned within 30 days of purchase. After 30 days, an exchange or credit will be given, to the same value of the Goods at purchase.
• A refund or credit amount will only be given for Goods that are in perfect, resaleable condition.
• Carriage costs for any returns are the responsibility of the Buyer.

14. Intellectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

15. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, pandemics, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

16. Relationship of Parties

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

17. Assignment and Sub-Contracting

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation subcontracted, in either case by the Buyer, without the prior written consent of the Seller.

18. Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

19. Severability

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

20. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

21. Right to Change

Active Research Ltd reserves the right to change, amend or delete these terms and conditions at any time.

22. Acceptance of Terms

By placing an order with Actisense, the Buyer agrees to be bound by these Terms and Conditions. If the Buyer does not agree to these Terms and Conditions, they should not use the Actisense website or services.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

23. Changes to Terms

Actisense reserves the right to change these Terms and Conditions at any time. Any changes will be posted on the Actisense website and it is the Buyer’s responsibility to review these Terms and Conditions regularly to ensure they are aware of any changes.

24. Limitation of Liability

To the fullest extent permitted by law, Actisense shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• The Buyer’s use or inability to use the Goods;
• Any unauthorized access to or use of the Seller’s servers and/or any personal information stored therein;
• Any interruption or cessation of transmission to or from the Seller’s services;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Seller’s services by any third party;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Seller’s services.

25. Indemnification

The Buyer agrees to indemnify, defend, and hold harmless Actisense, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from the Buyer’s use of the Actisense website or services, the Buyer’s violation of these Terms and Conditions, or the Buyer’s infringement of any intellectual property or other right of any person or entity.

26. Modifications To The Service And Prices

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

27. Products Or Services

• Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
• We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
• We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
• We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

28. Accuracy Of Billing And Account Information

• We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

29. Third-Party Links

• Certain content, products and services available via our Service may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

30. Errors, Inaccuracies And Omissions

• Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

31. Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

32. Privacy Policy

The Buyer’s submission of personal information through the Actisense store is governed by the Seller’s Privacy Policy. The Privacy Policy can be found on the Actisense website.

33. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Actisense on the website, shall constitute the entire agreement between the Buyer and Actisense concerning the purchase of Goods.

34. Contact Information

Questions about the Terms & Conditions should be directed to sales@actisense.com in the first instance.