Our Terms & Conditions of Sale

  1. These terms

1.1           What these terms cover. These are the terms and conditions on which we supply Goods to you.

1.2           Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods 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, please contact us to discuss.

1.3           Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4           If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  1. Information about us and how to contact us

2.1           Company details. PeplerOptics is a trading name of Peplertech Limited (company number 04614771) (we and us), is a company registered in England and Wales and our registered office is at The Old Vicarage, Over Alderley, Macclesfield, Cheshire, SK10 4RX. Our main trading address is Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8GS. Our VAT number is GB803605459. We operate the website www.pepleroptics.com.

2.2           Contacting us. To contact us telephone our customer service team at 01625 541336 or email at sales@pepleroptics.com or you can write to us at Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8GS.

2.3           How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4           "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

  1. Our contract with you

3.1           Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

3.2           Language. These Terms and the Contract are made only in the English language.

3.3           Your copy. You should print a copy of these Terms or save them to your computer for future reference.

  1. Placing an order and our acceptance

4.1           Placing your order. Where you are submitting your order via our website, please follow the onscreen prompts to place an order. You may also submit an order by email by sending a completed purchase order to sales@pepleroptics.com.  Whether you submit an order online or via email, each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

4.2           Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any details submitted by you is complete and accurate.

4.3           Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

4.4           Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

4.5           If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

4.6           Your order number. We will assign an order 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 order number whenever you contact us about your order.

  1. Our goods

5.1           The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2           The packaging of your Goods may vary from that shown on images on our site.

5.3           If you wish to make a change to the Goods 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 Goods, 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.

  1. Our rights to make changes

6.1           Minor changes to the Goods. We may change the specification of the Goods:

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

(b)        to implement minor technical adjustments and improvements.

  1. Delivering the Goods

7.1           Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2           When we will deliver the Goods. We will notify you of the estimated delivery date, when we send you our Dispatch Confirmation.

7.3           We are not responsible for delays outside our control. If our supply of the Goods 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 Goods you have paid for but not received.

7.4           If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.

7.5           If you do not re-arrange delivery. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.

7.6           When you become responsible for the goods. The Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you collect it from us.

7.7           When you own goods. You own the Goods once we have received payment in full.

7.8           What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you. If so, this will have been stated in the description of the Goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

  1. International delivery

8.1                 We deliver to the countries listed on this page (International Delivery Destinations). If this page does not detail the shipping costs for the country you require delivery to, please submit a Request for Quote form by following the guide on this page.

8.2           If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 

8.3           You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

8.4           You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

  1. Your rights to end the contract

9.1           You can always end your contract with us.  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, when you decide to end the contract and whether you are a consumer or business customer:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Goods repaired or to get some or all of your money back), see clause 13 if you are a consumer and clause 15 if you are a business;

(b)        If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

(c)        If you are a consumer and have just changed your mind about the Goods, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)        In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.

9.2           Ending the contract because of something we have done or are going to do. 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 Goods which have not been delivered and you may also be entitled to compensation. The reasons are:

(a)        we have told you about an upcoming change to the Goods or these terms which you do not agree to;

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

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

(d)        we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

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

9.3           Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Goods 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 these terms.

9.4           When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:

(a)        Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b)        consumables (eg. Anti-static cloths and gloves) once their primary packaging or inner wrapping has been opened; and

(c)        any Goods which become mixed inseparably with other items after their delivery.

9.5           How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. As we only supply Goods and not services, the following shall apply;

(a)        you have 14 days after the day you (or someone you nominate) receives the Goods, unless:

(i)         Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

(ii)        Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

9.6           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Goods are delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Goods not delivered but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. How to end the contract with us (including if you are a consumer who has changed their mind)

10.1         Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

(a)        Phone or email. Call us on 01625 541336 or email us at sales@pepleroptics.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)        Online. Complete the form on our website.

(c)        By post. Print off the form and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

10.2         Returning the Goods after ending the contract. If you end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. For full details of how to return the Goods to us, please see our “Returns” page. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10.3         When we will pay the costs of return. We will pay the costs of return:

(a)        if the Goods are faulty or misdescribed; or

(b)        if you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return unless expressly stated otherwise in these terms and conditions.  

10.4         What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.

10.5         How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.6         When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a)        We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, 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 Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b)        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

10.7         When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

(a)        If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return the Goods to us, see clause 10.2.

(b)        In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

  1. Our rights to end the contract

11.1         We may end the contract if you break it. We may end the contract for the Goods at any time by writing to you if:

(a)        you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)        you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods;

(c)        you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.

11.2         You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  1. If there is a problem with the Goods

How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone us on 01625 541336 or write to us at sales@pepleroptics.com or Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8GS.

  1. Your rights in respect of defective goods if you are a consumer

13.1         If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also clause 9.3.

 

13.2         Your obligation to return rejected goods. If you wish to exercise your legal rights to reject the Goods 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 us on 01625 541336 or email us at sales@pepleroptics.com. For full details of how to return the Goods to us, please see our “Returns” page

  1. Manufacturer's guarantee

Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

  1. Your rights in respect of defective Goods if you are a business

15.1         If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:

(a)        conform in all material respects with their description;

(b)        be free from material defects in design, material and workmanship; and

(c)        be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

15.2         Subject to clause 15.3, if:

(a)        you give us notice in writing during the warranty period within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 15.1;

(b)        we are given a reasonable opportunity of examining the Goods; and

(c)        you return the Goods to us at your own cost,

we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

15.3         We will not be liable for the Good’s failure to comply with the warranty in clause 15.1 if:

(a)        you make any further use of the Goods after giving a notice in accordance with clause 15.2(a);

(b)        the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(c)        the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)        you alter or repair the Goods without our written consent; or

(e)        the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

15.4         Except as provided in this clause 15, we shall have no liability to you in respect of the Good’s failure to comply with the warranty set out in clause 15.1.

15.5         These terms shall apply to any repaired or replacement goods supplied by us under clause 15.2.

  1. No fault cancellations and returns if you are a business customer

16.1         We may, at our option (which must be confirmed in writing), allow an order to be cancelled where there is no fault with the Goods subject to you covering our out of pocket expenses incurred as a result of you cancelling the order in circumstances where there is no default on our part and complying with the conditions set out in clause 16.4.

16.2         In the event we allow you to cancel part of your order, we will submit to you an invoice in respect of any difference in the selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

16.3         At our option, we may charge you a processing charge in respect of any Goods returned to us other than due to defects covered pursuant to our warranty at clause 15.1.

16.4         You may only return Goods to us and receive a credit, refund or replacement subject to the conditions set out in this clause 16.4 being fully complied with:

(a)        You must contact us to obtain a returns number which must be quoted on all relevant paperwork and comply with our instructions for returning the goods as set out on our Returns page.

(b)        The Goods must be returned within 30 days of the date of delivery (as stated on the delivery documentation) or within 30 days of collection of the Goods;

(c)        All Goods must be returned to us in their original condition and packaging and in a condition which will enable them to be fit for immediate re-sale; and

(d)        The returns number must be quoted on the packaging when returning the Goods.

16.5         If you fail to comply with the conditions set out in clause 16.4, we reserve the right to refuse to accept the Goods and return the Goods to you at your own expense and/or apply a handling charge to the actual cost of reprocessing the same.

16.6         This clause 16 shall not apply to software, calibrated products, production packaging products, non-catalogue products, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR). In addition, we will not accept returned ESD sensitive devices where the integrity of the original ESD shielding packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.

16.7         We accept no responsibility for any loss of or damage to Goods in transit from you to us, where we have not provided the collection.

  1. Price and payment

17.1         Where to find the price for the Goods. The price of the Goods (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Goods advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the Goods you order.

17.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

17.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

17.4         When you must pay and how you must pay. We accept payment with

Visa

Mastercard

American Express

We also accept payments via PayPal and bank transfers.

You must pay for the Goods before we dispatch them. We will not charge your credit or debit card until we dispatch the Goods to you.

17.5         Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.6         We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

17.7         What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

17.8         Credit availability if you are a business customer. In some circumstances we may be able to offer business customers a credit account. The availability of such credit is subject to a satisfactory credit check. The availability of such a credit account is entirely at our discretion. If you are given a credit account the maximum period of time you must make payment within is 30 days. 

  1. Our responsibility for loss or damage suffered by you if you are a consumer

18.1         We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

18.2         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods as summarised at clause 13.1.

18.3         We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

  1. Our responsibility for loss or damage suffered by you if you are a business

19.1         Nothing in these terms shall limit or exclude our liability for:

(a)        death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)        fraud or fraudulent misrepresentation;

(c)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)        any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2         Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

19.3         Subject to clause 19.1:

(a)        we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)        our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost of the Goods.

  1. How we may use your personal information

20.1         How we will use your personal information. We will only use your personal information as set out in our privacy policy.

  1. Other important terms

21.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

21.2         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 to another person if we agree to this in writing.

21.3         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.

21.4         If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

21.5         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, 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.

21.6         Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.

21.7         Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.