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Response Electronics

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Online Sales: Terms and Conditions

Please read these Online Terms and Conditions (the “Terms and Conditions”) carefully before you submit your order to us.

These Terms and Conditions tell you who we are, how we will provide goods/products (“product” or “products”) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.

Please also refer to our Privacy Policy for information about how we process your personal data, and our Website Terms and Conditions, which apply generally to your use of the Website. 

Please note that if you are buying ERA Protect subscription services, the terms of our Terms of Service will apply to those purchases.  These Terms and Conditions do not apply to those purchases. 

If you need assistance installing or connecting any products that you buy from us, we may, from time to time provide details of ERA approved installers that you can enter into a separate agreement with to install the products should you wish to.

 

1  About us and how to contact us

1.1  We are ERA Home Security Limited (trading as “Response Electronics”) a company registered in England and Wales. Our company registration number is 02838541 and our registered office is at 29 Queen Anne's Gate, London, United Kingdom, SW1H 9BU. Our VAT registration number is 905 1068 53.

1.2  “Response Electronics Limited”, "Response @/at ERA", “MrDoorbell”, “miSmartHome”, “Securicare” and “Securicare UK” are Brand/ Trading Names of ERA Home Security Limited and are covered by these Terms and Conditions, as set out by ERA Home Security Limited.

1.3   These Terms and Conditions govern the supply of the products you have purchased from us via our website (the “Website”).  A legally binding contract will be entered into between us as described in Clause 2 below.

1.4   These Terms and Conditions do not apply if you have bought products from us from one of our physical stores or using any other ordering method.

1.5   If you wish to contact us, you can do so as follows:

  • By post: ERA (t/a Response Electronics), Valiant Way, Wolverhampton, West Midlands, WV9 5GB
  • By phone on: 0345 257 2500.
  • By email at: info@responseelectronics.com.

If you have any problems with your products, please contact our Customer Support team.  Please see our Complaints Handing section at the end of these Terms and Conditions for further details.

References to “us”, “our” or “ours” refers to Response Electronics.

 

2  Our contract with you and how to place orders with us

2.1   These Terms and Conditions relate to all orders placed by you (the “customer” or “you”) via our Website.  By accepting our Terms and Conditions, you confirm that the data you have provided is correct and that you agree to the Terms and Conditions.

2.2   When selecting a product advertised for sale on the Website, you may place the order by following the on-screen prompts, after clicking on the item you wish to order.  You will be guided through the ordering process via the Website, where you will be provided with information about the products, including all relevant specifications and the total price for the products.  You will also be given the option to select your preferred delivery method, together with a total price for having your product(s) delivered to you.  You will have an opportunity to check and correct any errors up until the point you place your order, to review these Terms and Conditions and to confirm you are happy to proceed and to commit to pay the relevant price, by clicking the ‘Pay with Card’ or ‘Pay with PayPal’ Button on the checkout page. 

2.3   All orders placed by you and products purchased from us, are subject to acceptance by us.  Your order is an offer to buy the products and we will not have accepted your order until we send you an “order confirmation” email.  If we cannot accept your order for any reason, we will let you know.  Once you receive our order confirmation email, a contract is formed between us and you.  No order will be accepted until you have paid for your order in full.

2.4   We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances. If we are unable to accept your order for a product, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or withdrawn (see Clause 4), because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.

2.5   We will assign an acknowledgement number to your order and tell you what it is when we accept your order.  It will help us if you can tell us the acknowledgement number whenever you contact us about your order.

2.6   The Website is solely for the promotion of our products in the UK and Ireland.  Unfortunately, we do not accept orders from or deliver to addresses outside of the UK and Ireland.

2.7   If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible.  If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If we can make the change but the consequences of making the change are unacceptable to you, you may want to end the contract.

2.8   Where we accept your order, we have a legal duty to supply products that conform with these Terms and Conditions.

 

3  Descriptions of the products on the Website

3.1   The images of the products on the Website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products.  Your product may vary slightly from those images.

3.2   The packaging of the product may vary from that shown in images on the Website.

3.3   We may change the product:

a)  to reflect changes in relevant laws or regulatory requirements; and

b)  to implement minor technical adjustments or improvements; for example to address a security threat. These changes will not affect your use of the product.

3.4   In addition, as we informed you in the description of the product on our Website, we may make changes to these Terms and Conditions or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

3.5   We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

 

4  Availability

4.1   All products are subject to availability.  We endeavour to hold sufficient stock to fulfil all orders and purchases.  In the unlikely event that we have insufficient stock to supply or deliver the products ordered and paid for by you, we will attempt to contact you using the details you have supplied to us and ask you how you wish to proceed.  We may, at our discretion (acting reasonably), process any part of the order which is available. Where products are out of stock, we will refund you in full the price you have paid for such products as soon as possible, and in any event within 14 days.

 

5  Price & Payment

5.1   The prices payable for products that you order are as set out on our Website, plus any charge for delivery as notified to you before you place your order. All prices are inclusive of VAT at the current rate and are correct at the time of going to press.  We reserve the right to update any product price at any time before you place your order, which will then supersede any previous published prices, and to decline or limit the order quantity.

5.2   We take all reasonable care to ensure that the price of the product advised to you is correct. However, occasionally, despite our efforts, an error may occur and products may be incorrectly priced in which case we will not be obliged to supply the products at the incorrect price or at all.  We will, at our discretion either end the contract, cancel your order and refund the price you have paid or use every reasonable endeavour to contact you and ask if you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

5.3   From time to time we advertise products at promotional prices, where a promotion/voucher code is given the code must be quoted at checkout. You must check this has been correctly processed at the checkout before confirming your order, otherwise you may be charged the full price.

5.4   For Website orders, payment can be made by most major credit/debit cards or by PayPal by completing the relevant details at the checkout page. By using a credit/debit card or PayPal to pay for your order you confirm that the card/account being used is yours or that you are authorised to use it. We are currently unable to accept any payments from cards that do not have a billing address located in the UK or Ireland.

5.5   Each transaction is verified through a fraud screening and authorisation process provided by our secure gateway and when required we may ask for identification from you to verify yourself as the customer. This is an action recommended by the payment gateway during the fraud screening. The ID we require is used to verify you at the address. We may also perform additional checks on orders valued at more than £200 to verify the billing address matches bank records for the transaction to be completed.

5.6   If the issuer of the card refuses to authorise payment, will not accept your order, we will not be obliged to inform you of the reason for refusal and will not be liable for the item not being delivered or provided to you. Once your payment has declined, please do not enter your card details again or re-process your order on the Website. If this happens you will need to contact your bank for further information and to resolve it.

5.7    We strongly recommend that you do not communicate your payment card details to anyone, including us, in writing or by any electronic means of communication such as an email.   Unless specified otherwise in Clause 10.4, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email.  Any such loss shall be entirely your responsibility.

 

6  Delivery & when you will own the products

6.1   Our delivery charges are as set out on the Delivery & Returns page of our Website, and you will be asked to confirm your preferred method of delivery at checkout.  Details of the delivery charges will be confirmed before you place your order.

6.2   We will deliver the products to the address you specify for delivery in your order. It is important that the address you provide is accurate. We cannot accept any liability for any loss or damage to the products once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

6.3   We will aim to deliver the products by the date quoted for delivery but delivery times are not guaranteed. In any event, we will aim to deliver your products within 14 days from the day after the day we received your order, unless agreed otherwise. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

6.4   Before placing your order, please refer to the delivery options set out on the Website.  A valid signature may be required on collection or delivery.  In the unlikely event that you do not receive all the products you have ordered, you must notify us immediately.  We suggest that you do not schedule or commence any installation work until after you have received your order and checked all products for any defects or missing parts.

6.5   You must make every reasonable effort to enable delivery to take place at the given time and place.  If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 14 days of the failed delivery. Alternatively, the courier may deliver the parcel to a local pick up point and you will be notified by the courier if this happens.  If delivery fails due to steps within your reasonable control, the cost of re-delivery shall be borne by you.  If, despite our reasonable efforts, we are unable to arrange a date for re-delivery we may end the contract and cancel your order and refund to you the price paid for the products, less the failed delivery cost.

6.6    You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

a)  we have refused to deliver the products;

b)  delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

c)  you told us before we accepted your order that delivery within the delivery deadline was essential.

6.7   If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under this Clause, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

6.8   If you do choose to treat the contract as at an end for late delivery under this Clause, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0345 257 2500 or email us at info@responseelectronics.com for a return label or to arrange collection.

6.9   Upon delivery of the products to you or your collection of the products, the products shall be your responsibility.  Save for any software in the products (which is licensed), you will own the products once we have received payment in full. Once products have been delivered to you in accordance with these Terms and Conditions, they will be held at your own risk and we will not be liable for their loss or destruction.

6.10   Please do get in touch with us in the event of any identified damage, shortages or non-delivery as soon as possible. 

6.11  If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

7  Additional Manufacturer’s Warranties & Guarantees

7.1   Some of our products are sold with the benefit of additional manufacturer’s warranty, guarantee or similar assurance (please refer to the relevant product description on the Website for further details), some of our products are supplied with our own manufacturer’s guarantee. In all cases any complaint, query or claim under a manufacturer’s warranty should be made direct to our Customer support Team on 0345 257 2500 or by email at: info@responseelectronics.com.

7.2   If you are a consumer, any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights as a consumer.

 

8  Cancellation, Returns & Refunds if you are an individual consumer (see Clause 11 if you are not a consumer / if you are a business customer)

8.1   Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.   The following sections apply to each of these scenarios.

(i)   Your legal right to cancel

8.2   As you have purchased products online via our Website, you have a legal right to cancel your order without giving a reason if you do so within 14 days of when the products are delivered to you (or before at any time from when we accepted your order until the expiry of the 14 day period).

8.3   To exercise your right to cancel, you may inform us of your decision by post, phone or email.  You may also use the cancellation form which is available at the end of this document, or for download on our website page ’Right to Cancel’ to cancel your order, but you are not obliged to do so.

8.4   You should include the return slip that is included in the delivery. Furthermore, we ask you to return the products in its original packaging.  When you return the products it should be unused and have all product labels and tags still there.  Unless the product is being returned because of a fault, you will be responsible for the cost of returning the products to us.

8.5   Where you have a right to withdraw, we will pay you back 100% of the amount that you paid for the products and the cost of our standard delivery.  We will refund you the price you paid using the method you used for payment.  We may make deductions from the price, as described below:

  • We may reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.  If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

8.6   Refunds will be made as soon as possible.  If the products are being returned by you, your refund will be made within 14 days from the day we receive the products back or, if earlier, within 14 days from the day on which you provide us with sufficient evidence that you have sent the products back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8.7   If you cancel part of your order, we will not refund the delivery charges.

8.8   You will lose your right to cancel without a reason, after the expiry of our Goodwill Return Policy period referred to in Clause 9 (but note that this does not affect your statutory rights if there is any problem with the products).  If you are considering cancelling your order because of any problem with the products, please notify us of the problem prior to or at the time of cancellation.

(ii)   What to do if there is a problem with your products

8.9   We have a legal obligation to supply Products that are in conformity with this contract.  The Consumer Rights Act 2015 says that products must be as described, fit for purpose and of satisfactory quality.  During the expected lifespan of your products, your legal rights entitle you to the following:

  • up to 30 days: if your products are faulty, then you can get an immediate refund
  • Up to 6 months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
  • up to 6 years: if your products do not last a reasonable length of time you may be entitled to some money back.

8.10   If you wish to exercise your legal rights to reject products you must either return them to us or post them back (or if they are not suitable for posting) allow us to collect them from you.  We will pay the cost of postage or collection.  Please contact us to arrange a collection or to receive a return email. We will also pay for the cost of returning products if you are ending the contract because we have told you of an upcoming change, an error in pricing or description, a delay in delivery.  If you wish to return a product for any other reason where you do not have a legal right to do so, you will need to pay for the costs of return.

8.11   We will refund any sums due to you by the method you used for the original payment, and we may be entitled to make deductions.

8.12   We recommend that you check all products you receive against your order.  If the products you receive are damaged, have been misdescribed or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.  When contacting us to arrange for your product to be returned you will be issued with a Returns Reference Number which must be quoted in all communication.

(iii)   Where we may suspend the supply of the products to you

8.13   We may have to suspend the supply of products to:

  • deal with technical problems or make minor technical changes;
  • update the products to reflect changes in relevant laws or regulatory requirements;
  • make changes to the products as requested by you or notified to us by you.

8.14   We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency,  You can contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.

(iv)   How you can end this Contract

8.15   If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

a)   we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to; 

b)   we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

c)   there is a risk that supply of the products may be significantly delayed because of events outside our control;

d)   we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

e)   you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

8.16   For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in section (i) above.

 

9   30-day ‘No Fuss’ Money Back Guarantee (our “Goodwill Return Policy”)

9.1   In addition to your statutory rights, we offer a supplemental 30-day Goodwill Return Policy should the products you have purchased not meet with your requirements for any reason other than due to our breach of these Terms and Conditions.  Our Goodwill Return Policy does not in any way affect your legal rights under the Consumer Contracts Regulations, Consumer Rights Act 2015 or other applicable consumer legislation if you are an individual consumer customer.

9.2   Our Goodwill Return Policy (refund or exchange), (where there is no legal right to a refund or exchange under the Consumer Contracts Regulations or the Consumer Rights Act 2015 or otherwise, is offered against products that are returned to us in a resalable condition and are accompanied by a valid Returns Reference Number (as supplied to you by our Customer Support Helpline), that are received within 30- days after the day on which you receive the products.

9.3    cost of outward bound and return postage is your responsibility and is non-refundable, unless otherwise agreed by prior arrangement.

9.4   If you wish to cancel your order or return any products to us under the rights described above, the following terms apply:

  • You must take reasonable care of the products while in your possession and they must be returned to us in their entirety;
  • Products should be returned in or with their original packaging, unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous products;
  • We recommend that you use a tracking service to return any products to us.  If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable) to such loss or damage.

9.5   This Goodwill Return Policy is provided in addition to your legal rights.

 

10   Liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

(i)   If you are a consumer

10.1   If you purchase products from us as a consumer (i.e. anyone who acts outside the course of their business, trade or profession) the following shall apply;

a)   we are under a legal duty to supply the products in conformity with these Terms and Conditions.  Nothing in these Terms and Conditions will affect your legal rights;

b)   we are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms and Conditions were entered into, both we and you knew it might happen, for example, if you discussed it with us during the sales process and we confirmed this in writing;

c)   any warranties given by us as described in these Terms and Conditions are in addition to your legal rights as a consumer;

d)   nothing in these Terms and Conditions are intended to exclude or limit in any way our liability to you for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987;

e)   if you have any problems with your order, please contact us.

If you need more information about your legal rights, you may contact your local trading standards or visit the Competition and Markets Authority’s website for further information.

(ii)    If you are a business customer:

If you are purchasing the Products from us as a business, to the fullest extent permissible by applicable law, we disclaim all warranties, express or implied.

If you are a business customer:

a)   Subject to Clause 10.2(e), our entire liability for any non-delivery of products or failure to deliver the products in accordance with the timescales set out or referred to in the contract will be as set out in these Terms and Conditions and we will have no other liability for any such non-delivery or failure to deliver.  For the avoidance of doubt such liability will be subject to Clause 10.2(e) and will be taken into account in calculating whether the financial limit in Clause 10.2(b) has been reached.

b)   Subject to Clause 10.2(e), our maximum aggregate liability will be limited to the greater of 100% of the sum paid or payable under the contract and £20,000.

c)   We will have no liability to you for any:

i.   loss of profit (whether direct, indirect or consequential);

ii.   loss of use, loss of revenue, loss of production or loss of business (in each case whether direct, indirect or consequential);

iii.   loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect, special or consequential);

iv.   loss of anticipated savings or loss of margin (in each case whether direct, indirect, special or consequential);

v.   loss of bargain (whether direct, indirect, special or consequential);

vi.   liability that you have to third parties (whether direct, indirect, special or consequential); or

vii.  indirect, special or consequential loss,

subject always to Clause 10.2(e)

d)   We will not be in breach of the contract or otherwise liable to you for any failure to perform or delay in performing our obligations under the contract if such failure or delay is due to your breach of this contract, your failure to facilitate the delivery in accordance with this contract, your damage to the products or for any event or circumstance beyond our reasonable control.

e)   Nothing in the contract will operate to exclude or restrict any liability of a party:

i.   that cannot be excluded or restricted in the contract in respect of death or personal injury resulting from negligence by operation of Section 2(1) Unfair contract Terms Act 1977;

ii.   for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable;

iii.   for breach of its obligations arising under section 12 Sale of products Act 1979;

iv.   for breach of its obligations arising under Section 2 Supply of products and Services Act 1982;

v.   for breach of its obligations arising under Section 8 Supply of products (Implied Terms) Act 1973;

vi.   arising under Section 2(3) Consumer Protection Act 1987; or

vii.   for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

f)   Any of our liability which falls within Clause 10.2(e) will not be taken into account in assessing whether the financial limits in Clause 10.2(b) has been reached.

g)   Nothing in this Clause 10 will prevent or restrict the right of a party to seek injunctive relief or specific performance or other discretionary remedies of the court.

h)  Each of our group companies, and our and our group companies’ employees, agents and sub-contractors will be entitled to enforce all the terms of this Clause 10 subject to and in accordance with the contracts (Rights of Third Parties) Act 1999 and the terms of the contract.  Accordingly and for the avoidance of doubt the financial limits on liability set out in Clause 10 are the maximum liability of us, our group companies and our and our group companies’ employees, agents and sub-contractors in aggregate. The parties may vary or rescind the contract without the consent of our group companies or our or our group companies’ employees, agents or sub-contractors.

i)   We do not accept liability if we are prevented or delayed from complying with our obligations set out in these Terms and Conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

10.2   You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain of our products to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the products you purchase.

10.3   Products are intended for UK use or use in Ireland only. We cannot confirm that the products comply with any laws, regulations or other standards applicable outside the UK or Ireland. All products are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the products.

 

11   Termination provisions if you are a business customer

11.1   Clause 8 of these Terms and Conditions sets out your rights to cancel and our rights to cancel if you are an individual consumer. If you are a business customer, this Clause 11 applies to you and to us.

11.2   We reserve the right to suspend further supply or delivery, stop any products in transit or terminate our contract by notice in writing to you if you are unable to pay your debts when they fall due, or proceedings are/or are reasonable likely to be commenced by  or against you alleging bankruptcy or insolvency or an administrator receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets (or an analogous event happens in a relevant jurisdiction).  Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply products to you.

11.3   We also reserve the right to terminate your order and/or the contract if:

a)   We have insufficient stock to deliver the products you have ordered;

b)   We do not deliver to your area; or

c)   One or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

11.4   If we do not process your order for the reasons as set out in Clause 11.3 we will notify you in writing, email or by telephone and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

 

12   Events Beyond our Control

12.1   We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to products supplied or delivered here-under or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, failure of telecommunications networks, flood, storm, earthquake, natural disaster, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restrains of Government, and imposition or restrictions of imports or exports).

 

13   Disposal of Electrical and Electronic Equipment

13.1   The Waste Electrical and Electronic Equipment Regulations 2013 (WEEE regulations) relate to reducing the amount of waste electrical and electronic equipment incinerated or sent to landfill sites. Reduction is achieved through various measures which encourage the recovery, reuse and recycling of products and components. For the correct disposal of household waste, please take it to your nearest Designated Collection Facility (DCF). For battery disposal please visit www.recyclenow.co.uk.

 

14   Other important terms

14.1   If any provision of these Terms and Conditions (including but not limited to any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

14.2   Our contract shall be governed by and interpreted in accordance with English law and, if you are a consumer, you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14.3   We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

14.4   You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.  However, you may transfer our guarantee in these Terms and Conditions to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

14.5   Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 14.3 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.

14.6   If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.7   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

15   Notices

15.1   Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at ERA (t/a Response Electronics), Valiant Way, Wolverhampton, West Midlands, WV9 5GB and all notices from us to you will be displayed on our website from time to time.

 

16   Changes to legal notices

16.1   We reserve the right to change these Terms and Conditions from time to time, please refer to them as often as possible, as any future changes will apply to any future orders that you wish to make.

 

17   After Sales Customer Support

17.1   Our Customer Support Helpline can be reached on: 0345 257 2500 or by email at: info@responseelectronics.com.

 

18   Complaint Handling

18.1   Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it. without you having to go to court.  If you are not happy with how we have handled any complaint , you may want to use an online platform for complaints that is available on the European Commission’s website – this is available until 31 December 2020.

 

19   Service and Product Reviews

19.1   We use Trustpilot to assist with collecting specific information from our customers about the service received from Response Electronics and to collect product review information. Trustpilot functions as our data processor and we are the data controller. As the data subject you can at any time request to see the personal data we hold on you in relation to your purchase or interactions with us.

19.2   You are likely to receive an email direct from Trustpilot following any purchase from us to obtain such feedback. If you do not wish to write a review, please ignore such correspondence. If you do write a review this will appear direct on the Trustpilot website on the Response Electronics company page.

 

Updated: September 2020

Model Cancellation Form

Complete and return this form only if you wish to withdraw from the contract:

I/We [TRADERS NAME AS DETAILED ABOVE] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following Products: