TERMS AND CONDITIONS OF SUPPLY OF GOODS BY QUALITY SECURITY SERVICES LIMITED

This page (together with the documents referred to on it) tells you the terms and conditions on which We supply any of the products (“Products”) listed on our Website www.qsec.co.uk (“Our Site”) to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

1 Information about us

1.1 www.qsec.co.uk is a site operated by Quality Security Services Limited (“We” or “Us” or “Our”). We are registered in England and Wales under company number 7162150 and with our registered office at 5 Corunna Court, Corunna Road, Warwick, CV34 5HQ. Our main correspondence address is 18 Oakwood Park, Leeds, LS8 2PJ.

2 Service availability

Our Site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK. By placing an order through Our Site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

3 How the contract is formed between you and us

3.1 After placing an order by email, 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 (whether made by email, telephone or otherwise) constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us.

3.2 Your offer will be accepted, and the contract between us (“Contract”) will be formed upon the earlier to occur of:

- (a) the sending to you of an email which acknowledges acceptance of your order; or
- (b) delivery of the Products to you.

3.3 When you have requested a made-to-measure product, you acknowledge and warrant that the dimensions and specifications you provide to us are accurate. We will clarify the dimensions and specifications you have provided to Us on any order acknowledgement that we send to you. Guidance is provided on Our Site to assist you to provide accurate dimensions and specifications to Us, but the responsibility for providing accurate dimensions and specifications is yours.

4 Consumer rights

4.1 The provisions of this clause 4 only apply where (i) you have ordered Products but you have not come face to face with Us before doing so, AND (ii) you are contracting with Us as a consumer (that is, you dealing with Us otherwise than in the course of your trade, business or profession), (iii) AND you have purchased Products which are not made-to-measure or otherwise made to your specifications.

4.2 You may cancel a Contract at any time within seven working days, beginning on the day after you receive the Products.

4.3 To cancel a Contract, you must inform Us in writing. You will receive a full refund of the price paid for the Products. We will process the refund due to you within 30 days of the day you give notice of your cancellation. We will usually refund any money received from you using the same method used by you to pay for your purchase.

4.4 This provision does not affect your statutory rights. For the avoidance of doubt, this clause 6 does not apply where you contract with Us otherwise than as a consumer.

5 Availability and delivery

Your order will be fulfilled within 30 days of the date of creation of the Contract, unless there are exceptional circumstances.

6 Risk and title

6.1 The Products will be at your risk from the time of delivery.

6.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.

7 Price and payment

7.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error. These prices will be subject to VAT and delivery costs.

7.2 Prices are liable to change at any time, but changes will not affect orders that We have already accepted.

7.3 Payment for all Products will be required to be made in full prior to delivery. Payment for all Products may be by credit or debit card. We will not charge your credit or debit card until We despatch your order.

8 Our liability

8.1 We warrant to you that any Product purchased from Us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, your failure to follow Our instructions, or any alteration or repair you carry out without Our prior written approval.

8.2 Where you deal with Us as a consumer, and you reasonably believe that any of the warranties above have not been met in relation to any Product, you may return the Product to Us. We will check that the Product does not comply with any warranty in this clause. Where the Product does not comply, We will:

- (a) provide you with a full or partial refund; or
- (b) replace the Product; or
- (c) repair the Product.

8.3 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:

- (a) where you deal as a Consumer, the Price actually paid by you for the Products, plus those losses that are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and Us at the time your order is accepted by Us; or
- (b) where you deal otherwise than as a Consumer (and can therefore benefit from the availability of commercial insurance) the Price actually paid by you for the Products.

8.4 This does not include or limit in any way our liability:

- (a) For death or personal injury caused by our negligence;
- (b) Under section 2(3) of the Consumer Protection Act 1987;
- (c) For fraud or fraudulent misrepresentation; or
- (d) For any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.

8.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and Us, including but not limited to:

- (a) loss of income or revenue
- (b) loss of business
- (c) loss of profits or contracts
- (d) loss of anticipated savings
- (e) loss of data, or
- (f) waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise.

8.6 Subject to clause 8.4, where We supply you with made-to-measure Products, we will not be liable for any losses resulting from your failure to give Us accurate or adequate instructions or specifications.

8.7 The provisions of this clause are without prejudice to any of your statutory rights or any of the rights set out elsewhere in these terms and conditions. In particular, nothing in these terms will prejudice or affect the terms implied into all contracts by law in Sections 12, 13, 14 and 15 of the Sale of Goods Act 1979. You are advised to contact a solicitor or local Citizens Advice Bureau for information about these rights.

9 Import duty

9.1 If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

10 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 Website. 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 condition does not affect your statutory rights.

11 Notices

All notices given by you to Us must be given to David Douglas at david@qsec.co.uk. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12 Transfer of rights and obligations

12.1 The contract between you and Us is binding on you and Us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13 Events outside our control

13.1 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”).

13.2 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.

14 General

14.1 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. If any of these terms and Conditions or any provisions of a 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.

14.2 These terms and 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.

14.3 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 terms and conditions.

14.4 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

14.5 We may also provide links on Our Site to the Websites of other companies, whether affiliated with Us or not. We cannot give any undertaking, that products you purchase from third party sellers through Our Site, or from companies to whose Website We have provided a link on Our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and We may disclose your customer information related to that transaction to the third party seller.

Contracts for the purchase of Products through Our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.