Terms and Conditions of Sale and Use of Website

Welcome to the PGM Linear website. Below are the Terms that govern your use of this site and Conditions of Sale.

1. Introduction

   
   I. These terms constitute a legal agreement between you and PGM Reball Ltd (T/A PGM Linear (“PGM Linear” “PGM Reball” “we” or “our”). Please read this agreement in its entirety before you continue to use this website or purchase any goods. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
   II. You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

2. General

   
   I. PGM Linear retain the right whether or not to accept your order once you have placed it.
   II. By placing an order, you the customer are making an offer to buy.
   III. 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
   IV. PGM Linear will confirm acceptance of order once payment has gone through and we are happy with all aspects of order.

3. Billing

   
   I. Prices shown are excluding VAT and within the EU is charged at 20%.
   II. Payment is taken at the time of ordering for customers who are not on a pre-arranged credit account.
   III. Goods will be invoiced upon receipt of payment and invoiced via electronic mail and/or received with the goods.
   IV. Payment is made via Paypal as a Card Processor can be made with MasterCard, Visa, Solo, Maestro, American Express and Paypal and may vary from time to time according to our Paypal Merchant Account.

4. Returns

   
   I. We accept returns provided the goods and their packaging are received back to us within 30 days.

5. Bespoke products which have been cut or machined to order cannot be returned once purchased.
   III. Ensure the goods are returned to us in “as new” condition unless faulty. Damaged or used goods cannot be refunded.
   IV. Should you choose to exchange your item, you will not be reimbursed for the original shipping costs. You will also be charged shipping for the replacement item.
   V. Returns are credited for the returned item(s) amount including VAT and do not include a refund of carriage unless PGM Linear are expressly at fault with the items shipped.
   VI. Refunds will be made by the payment method chosen at the time of order being placed.
   VII. All goods returned will be subject to a 25% handling charge, unless previously agreed with PGM Linear (Business to Business only).

6. Prices

   
   I. PGM Linear retain the right to update prices, due to manufacture price increases, without prior notice to the customer.
   II. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

7. Deliveries/Liability

   
   I. Shipping rates are defined clearly throughout the checkout process and are subject to change without prior notice, notwithstanding any orders already made during such change will be honoured at the rate set at the time of the order being placed.
   II. Although every effort is made by PGM Linear to have your goods delivered on time, PGM Linear will not be held responsible for the loss of earnings, wages etc. due to the couriers not delivering within the agreed delivery time, although we will pass any compensation to the customer that we claim from the couriers.
   III. All items sent standard Royal Mail will be at customers’ sole risk. We cannot accept responsibility for any loses.
   IV. PGM Linear must be notified within 48 hours for partial loss, damage or non-delivery of whole or part order.
   V. PGM Linear will not be held responsible for loss of earnings/wages/injury/damages/direct or indirect costs etc. due to premature failure of parts due to manufacturing defects.
   VI. Cancellation of an order will not normally be accepted, however we may at our discretion agree to cancellation on the strict condition that all costs and expenses incurred by PGM Linear up to the time of cancellation, and all loss of profits and other loss or damage that results by reason of cancellation will be reimbursed by the customer to PGM Linear forthwith.
   VII. Unless you order and collect the goods, we will deliver them in accordance with your order. A valid signature will normally be required on collection or delivery.
   VIII. For reasons of health and safety and to avoid any property damage, most large items can only be delivered to a ground floor location at the delivery address dependant on the terms and conditions of the appropriate carrier.
   IX. Upon delivery of the goods to you, the goods shall be at your risk.

8. Events Outside Our Control

   
   I. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
   II. 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. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
   c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
   d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
   e. impossibility of the use of public or private telecommunications networks.
   f. the acts, decrees, legislation, regulations or restrictions of any government.
   III. 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.

9. Title

   
   I. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever are due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

10. Availability

    
    I. Whilst we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

11. Age Requirements for Specific Goods

    
    I. Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
    II. These terms and conditions override any clauses in buyers purchase orders and, in any communication, if in conflict. Contract law: this contract will be deemed to subject the law of England

12. Ownership of our Website

    
    I. This website is owned and operated by PGM Linear. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by PGM Linear.

13. Protection of Intellectual Property

    
    I. All elements of PGM Linear websites, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with PGM Linear or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of PGM Linear unless otherwise expressly agreed.
    II. “PGM Linear”, PGM Linear logo, are trademarks of PGM Linear or its subsidiaries and may be registered in some countries.
    III. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.

14. Use of Email

    
    I. If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you.
    II. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at any time thereafter – we will not send you information if you expressly inform us you do not wish to receive such materials.
    III. If you would like to revise the information provided to us or feel that what we currently have on record is incorrect, you may update the information in the “My Account” section of this website.

15. Data Protection Disclaimer

    
    I. The information you supply on the registration form will be kept on a database for purposes as registered under the Data Protection Act. Please indicate in the boxes provided on the Registration Form if you do not wish these details to be used for communications from PGM Linear.

16. About Cookies

    
    I. When you visit the PGM Linear website, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
    II. Cookies enable this website to recognise the information you have consented to give to this website.
    III. We do not use cookies to examine your surfing behaviour before or after leaving the PGM Linear website.

17. Acceptable use

    
    I. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    II. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
    III. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

18. Disclaimer

    
    I. PGM Linear do not warrant the completeness or accuracy of the information published on this website or the reliability of any advice, opinion, statement or other information displayed including images which may depict an items quality or style or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
    II. Nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date, although our best efforts will be made.
    III. PGM Linear reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. We may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
    IV. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

19. Breaches of these terms and conditions

    
    I. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

20. Variation

    
    I. We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

21. Severability

    
    I. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Entire agreement

    
    I. These terms and conditions constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.

23. Governing Law and Jurisdiction

    
    I. This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.
    II. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.
    III. We reserve the right to change these terms, prices, and information. These conditions set out the entire agreement between PGM Linear and you relating to your use of this website.