Website Terms and Conditions
Air-Comms is a division of Air-IT specialising in 3CX phone systems.
This agreement applies as between you, the User of this Website or Buyer and The Company, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Buyer’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
Application of these Terms & Conditions
1. In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“The Company” means Air-IT LTD, H3 Ash Tree Court, Mellors Way, Nottingham Business Park, Nottingham, Nottinghamshire NG8 6PY Company Registration Number 554898;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“The Buyer” means the person, firm or company ordering or buying the Goods from the company;
“Goods” means any products that The Company advertises and / or makes available for sale through this Website and / or the goods the subject matter of the relevant order or contract for sale;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” means our place(s) of business located at H3 Ash Tree Court, Mellors Way, Nottingham Business Park, Nottingham, Nottinghamshire NG8 6PY;
“Service” means collectively any online facilities, tools, services or information that The Company makes available through the Website either now or in the future;
“System” means any online communications infrastructure that The Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by The Company and acting in the course of their employment;
“Website” means the website that you are currently using www.air-comms.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Each order or acceptance of a quotation for Goods by The Buyer from the Company shall be deemed to be an offer by The Buyer to purchase Goods subject to these conditions.
3. No contract in respect of the Goods between The Company and The Buyer shall exist until The Buyer’s order has been accepted by The Company. The Company may accept The Buyer’s order by formal order acknowledgement or by despatch of the Goods to The Buyer (whichever is earlier).
4. The Buyer shall be solely responsible for the accuracy of The Buyer’s orders.
5. The Buyer can only cancel an order (or any part of an order) which The Company has already accepted, with The Company’s prior agreement in writing.
6. The contract between The Company and The Buyer for the sale and purchase of Goods shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which The Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
7. No conditions or terms stipulated in any other communication or document shall vary any of those conditions except insofar as the same are expressly consented to in writing by The Company.
8. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
9. We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract. You may not however do so without our written agreement.
10. In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require Payment Information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
(a) all information you submit is accurate and truthful;
(b) if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
(c) you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11. It is recommended that you do not share your Account details, particularly your username and password. The Company accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
12. If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The Company accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
13. When choosing a username Users are required to adhere to the terms set out below in Condition 18. Any failure to do so could result in the suspension and/or deletion of your Account.
14. To the extent permitted by English law, we may conduct transactions for the supply of Products using an electronic commerce approach under which we will both electronically transmit and receive electronic communications. Where so conducted, this condition 9 will additionally apply.
15. For the purposes of conditions 16 and 17 an “e-communication” means any communication electronically transmitted by you to us through our Website or by us to your internet address in connection with the ordering, payment for and/or supply of Products and including without limitation any order, order acknowledgement and electronic credit entries and requests; “originating party” means the party transmitting an e-communication; and “receiving party” means the party receiving such a communication.
16. You will provide and maintain the equipment, software, services and testing facilities necessary for you to effectively and reliably transmit and receive e-communications.
17. Any e-communication will be deemed received, where you are the receiving party, upon arrival at your mailbox at the Internet address apparent from your order or, where we are the receiving party, when the e-communication is accessed by us in intelligible form. The receiving party will promptly notify the originating party if an e-communication is received in unintelligible form provided that the originating party can be identified. In the absence of such notice, our record of the contents of any such e-communication will prevail.
18. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules.
(a) Obscene or vulgar language must not be used;
(b) Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(c) Content that is intended to promote or incite violence must not be submitted;
(d) It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
(e) The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
(f) Users must not impersonate other people, particularly employees and representatives of The Company or our affiliates; and
(g) Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
19. You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System.
21. You acknowledge that The Company may retain copies of any and all communications made to us or using our System.
22. You acknowledge that any information you send to us through our System or post on the webchat feature may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
23. The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all Systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
24. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
25. No part of this Website is intended to constitute a contractual offer capable of acceptance.
26. Whilst The Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Availability of the Website
27. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
28. The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Price and Description
31. Prices quoted on the Website include the cost of normal packaging but exclude V.A.T, delivery, transit insurance (which are charged at extra cost). Any work carried out additional to that specified in the relevant quotation or order shall be charged. The Company’s V.A.T number is GB 870 9198 86.
32. All pricing information on the Website is correct at the time of going online. The prices for the Goods shall be those ruling at the date of despatch and The Company reserves the right to amend its quoted prices at any time prior to the date of despatch.
33. All drawings, photographs, illustrations, specifications, performance data, dimensions and the like used by us in sales literature, on the Website other documentation have been provided by us in the belief that they accurate. However, they do not constitute a description of the Products, shall not be taken to be representations made by us and are not warranted to be accurate. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Condition 62 for incorrect Goods. Users should be aware that they use the Website and its Content at their own risk.
34. Where appropriate, you may be required to select the required size, model, colour, number, or other features of the Goods that you are purchasing.
35. The Company does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
36. In the event that prices are changed during the period between an order being placed for Goods and The Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
37. The Company reserves the right to vary the specification of any item, withdraw, modify or amend any item without prior notice. Any such variation, withdrawal, modification or amendment shall not affect any order that has already been accepted by The Company, save that The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory requirements.
38. The Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Buyers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If The Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Buyers in the future.
39. Software (and its use) will be subject to the terms of the manufacturer’s licence contained within the software itself (and accessed upon loading) or within or upon the packaging of the software. Such licence will state the extent of the manufacturer’s liability for the software. We cannot accept any liability whatsoever for any defect or error in the same other than where this has been caused by our negligence or default.
40. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
41. Subject to the exceptions in Condition 40 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
42. Subject to Condition 40 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Company.
43. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
44. Subject to Condition 40 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
45. No right of intellectual property in any product is granted to or vested in you other than the right to use the same. You will fully indemnify us against all liabilities, costs and expenses resulting from any claim that our use of any specification provided by you in connection with the Contract infringes the rights of any third party.
Links to Websites
46. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company or that of our affiliates. We assume no responsibility for the Content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
47. Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.air-comms.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Company. To find out more please contact us by email at email@example.com
48. Unless otherwise specified the price quoted is packed ex our warehouse.
49. The Company may deliver the Goods by separate instalments. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle The Buyer to repudiate or cancel any other contract or instalment.
50. If for any reason The Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or The Company is unable to deliver the Goods on time because The Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to The Buyer (including for loss or damage caused by The Company’s negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) The Company may store the Goods until delivery, whereupon The Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
Credit Policy and Information
51. (a) Where payment is not made immediately at the time of purchase, payment terms for credit accounts are 30 days net from date of invoice. If The Buyer fails to pay The Company any sum due pursuant to the contract, The Buyer shall be liable to pay interest to The Company on such sum from the due date for payment at the annual rate of 8% above the Bank of England base rate from time to time, accruing on a daily basis until payment is made, whether before or after any judgment.
(b) The Buyer shall make all payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless The Buyer has a valid court order requiring such deduction.
Retention of Title
52. The Company and The Buyer expressly agree that until The Company has been paid in full for the Goods comprised in this or any other sales contract between them and all outstanding amounts due to The Company from The Buyer:
(a) The Goods shall remain the property of The Company, and The Buyer, as bailee of them for The Company, will store the same for The Company in a proper manner without charge and in such a way that the Goods are clearly identified as being the property of The Company, notwithstanding that the risk therein shall pass to The Buyer as provided herein;
(b) at any time The Company may recover from The Buyer the Goods remaining in The Buyer’s possession, and may repossess and resell the Goods if The Buyer’s right to possession of the Goods has terminated under paragraph (f) below or if any sum due to The Company as referred to at the beginning of this Condition is not paid when due, and for the purposes thereof may enter upon any premises of or occupied by The Buyer or any third party (with the consent of that third party);
(c) The Company reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, The Company has the right to enter The Buyer’s premises and remove any Goods which, by virtue of sub-Condition 52(a), remain the property of The Company;
(d) The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from The Company;
(e) The Buyer has the right to dispose of the Goods in the course of its business for the account of The Company and to pass good title to the Goods to their customers being bona fide purchasers for value without notice of The Company’s rights;
(f) in the event of such disposition in any form, either as purchased from The Company or forming a component part of a larger Good The Buyer or its Director(s) (if a Limited Company) has the fiduciary duty to account to The Company for proceeds thereof but may retain therefrom an excess of such proceeds over the amount outstanding to The Company under this or any other sales contract between them and for all outstanding amounts due to The Company from The Buyer.
(g) The Buyer’s right to possession of the Goods shall terminate immediately if:
(h) The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory), or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of The Buyer or notice of intention to appoint an administrator is given by The Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of The Buyer or for the granting of an administration order in respect of The Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of The Buyer; or
(ii) The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between The Company and The Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or The Buyer ceases to trade; or
(iii) The Buyer encumbers or in any way charges any of the Goods.
53. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by The Buyer upon delivery of the same to him.
54. (a) The Buyer’s property supplied to The Company by or on behalf of The Buyer shall, while it is in possession of The Company or in transit to or from The Buyer, be deemed to be at The Buyer’s risk and The Buyer shall insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any of The Buyer’s property left with The Company before receipt of the order
or after notification to The Buyer of completion of the work.
Shortages, or Damage in Transit
55. (a) The Buyer shall examine the Goods immediately they are delivered to him. The Company shall have no liability in respect of claims in respect of shortages or picking errors or damage in transit unless The Buyer notifies The Company in writing within 5 working days after delivery.
(b) Any liability of The Company for shortages or picking errors or damage in transit shall be limited to replacing the missing or wrongly picked or damaged Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods. The Buyer shall return to The Company, promptly upon request, and in accordance with The Company’s returns policy, any Goods that have been incorrectly delivered.
Non and Late Delivery
56. (a) The Company shall not be liable for any non-delivery of Goods (even if caused by The Company’s negligence) unless The Buyer notifies The Company in writing within 5 working days of the date when the Goods would in the ordinary course of events have been received.
(b) Any liability of The Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
57. Whilst The Company will use its best endeavours to deliver the Goods in accordance with The Buyer’s requirements, The Company will not be liable for any consequences of late delivery howsoever caused.
58. If The Company receives no communication from you, within 30 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Liability for Defective Products
59. The Company’s liability (in contract, tort (including negligence), misrepresentation or otherwise) in respect of defects in the Goods shall be limited to the replacement or repair of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or other such compensatory measures as The Company at its discretion considers appropriate in the circumstances, and shall be conditional upon The Buyer complying with the conditions of the manufacturer’s warranty (where applicable). Such measures shall relate only to the actual faulty items or their value.
60. The Company shall not in any circumstances be under any liability to The Buyer in respect of any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract between The Company and The Buyer for the sale and purchase of Goods, PROVIDED that these conditions do not exclude or restrict The Company’s liability for fraudulent misrepresentation or for death or personal injury arising from its negligence.
Return of Goods
The Company aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions
61. We reserve the right to refuse the return of Goods purchased.
62. If The Buyer receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, The Buyer should contact us within 3 working days to arrange collection and return. The Company is not responsible for paying shipment costs. The Buyer will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
63. If any Goods develop faults within their warranty period, The Buyer is entitled to a repair or replacement under the terms of that warranty.
64. (a) The Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
(b) any use or enjoyment that you may have already had out of the Goods;
(c) any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
(d) the fact that the Goods consists of computer software and that the packaging has been opened;
(e) any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
65. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Termination and Cancellation
66. Either The Company or a User may terminate an Account. If The Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
67. If The Company terminates an Account, any current or pending purchases on your Account may be cancelled and may not be dispatched.
68. The Company reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
69. If purchases are cancelled for any reason prior to dispatch Buyers will be refunded any monies paid in relation to those purchases.
70. If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
71. The Company reserves the right to cancel, vary or suspend the operation of a contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, explosion, epidemic, plant breakdown, strikes, lockouts, riot, hostilities, governmental actions, war or national emergency, acts of terrorism, protests, non-availability of materials or supplies or any other event outside the reasonable control of The Company; and The Company shall not be held liable for any breach of contract resulting from such an event.
72. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract between The Company and The Buyer for the sale and purchase of Goods.
73. Any indulgence or waiver granted by The Company to The Buyer shall not be deemed an agreement to confer the same indulgence or waiver of The Company’s rights with regard to any future transaction.
74. If any provision of the Contract is found by any court or body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable that part of the provision shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
75. The Company and The Buyer do not intend that any term of the contract between us shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
76. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Company.
77. Nothing in these Terms and Conditions excludes or restricts The Company’s liability for death or personal injury resulting from any negligence or fraud on the part of The Company.
78. Any contract formed through the transmission of e-communications will be deemed to have been formed in England.
79. The contract between The Company and The Buyer to which these terms and conditions apply shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.