Terms and Conditions
By submitting an order for a publication, you are accepting the Terms and Conditions of the FEM Racking and Shelving/ European Racking Federation (ERF) website.
Terms and Conditions for the Supply of Products
The Contract Between Us
a) ERF must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is not taken until the point of despatch of the goods to you. Once payment has been received, ERF will confirm that your order has been dispatched by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. ERF acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract. Documents are supplied as hard paper copies, not electronic versions.
b) ERF is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site.
Price
a) The prices payable for goods that you order is as set out in our web site, including VAT where appropriate.
b) The price for delivery is a standard cost for all orders, included in the purchase price and it might not be possible for us to deliver to some locations.
Withdrawal By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a) You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give ERF any reason for withdrawing your order nor will you have to pay any penalty.
b) The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
c) To withdraw your order you must notify ERF in writing at the address set out in the returns section of the www.fem-rands.org web site.
d) If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the ERF contact address at your own cost and risk. If you withdraw your order but ERF has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to ERF at the ERF contact address at your own cost and risk as soon as possible.
e) Once you have notified ERF that you are withdrawing your order, any sum debited to ERF from your PayPal account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by ERF in the condition they were in when delivered to you.
Availability Of Goods You Order
If ERF has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and advise when the pblication will be available. Any refund will be made as soon as possible and in any event within 30 days of your order. ERF will not be obliged to offer any additional compensation for disappointment suffered.
PLEASE NOTE: We endeavour to bring our customers the best value we can, but please remember stocks are limited and subject to availability. We update our web site as quickly as we can to minimise disappointment. Rest assured your PayPal account will only be debited as your order is received.
Delivery Of Goods To You
a) ERF will deliver the goods ordered by you to the address you provide for delivery at the time you make your order. We are entitled to make deliveries by instalments or partial deliveries.
b) Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies. As far as possible items are sent tracked and signed for.
c) You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and ERF will not be liable for their loss or destruction.
Liability
This is as follows:-
a) If the goods ERF delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to you unless you notify us in writing at the ERF contact address of the problem within 10 working days of the delivery of goods in question.
b) If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, ERF shall have no liability to you unless you notify us in writing at the contact address of the problem within 40 days of the date on which the goods were dispatched to you.
c) If you notify a problem to us under this condition, our only obligation will be, at its option:- to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way ERF chooses.
d) ERF will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e) Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit ERF's liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract Force Majeure
ERF shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which ERF excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Complaints
ERF operate a complaints handling procedure that is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following address:
The Secretary General
FEM Racking and Shelving
European Racking Federation
Purwell Cottage
Purwell Lane
Hitchin, Herts
SG4 0NF
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by ERF. These terms and conditions cannot be varied except in writing signed by a director of ERF. In particular nothing said by any sales person on behalf of ERF should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. ERF shall have no liability for any such representation being untrue or misleading.
Interpretation
In these terms and conditions:-
'FEM R&S" means the FEM Racking and Shelving Product Goup or any connected organisation that actually supplies goods ordered by you and any successor to its business; ERF is the European Racking Federation Ltd, which is the name under which the company operates within the UK.
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'us' means ERF
'you' and 'your' means the person ordering goods under these terms and conditions
Disclaimer of Software Warranties
Any software/training packages offered are the result of many industry standard software products. They have been tested on a number of machines and found to be stable.
To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. ERF specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
Limitation of Liability of Software
Except to the extent prohibited by local law, in no event will ERF, or it's employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair or correction.
Copyright of these codes belongs to the European Racking Federation (ERF). The codes are for sole use of the person for whom the code fee was paid. By paying the code fee, the registrant acknowledges this copyright and their observance of their sole useage.
Our Contact Details
FEM Racking and Shelving, / WIB Service und Verwaltungs GmbH, Neumarktstr. 2 b, 58095 Hagen,
+49 2331 2008-0
info@fem-rands.org