Terms and Conditions

RIFINA CO LIMITED - TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE

General Terms & Conditions

These Terms and Conditions govern your use of The Rifina Company website (“the Company Site”) and your relationship with Rifina Company Limited.  (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. 

If you do not agree to these Terms and Conditions, please do not register for or use the Company Site. 

Basic Company Information

Company Name

 Rifina Company Limited

Place office

 Unit 8, Alexandra Way, Ashchurch Trading Estate, Tewkesbury, GL20 8NB

Company registration number

 779744

Contact email

sales@rifina.com

Contact telephone

+44 (0)1684 855 321

If you have any questions on the Terms and Conditions, please contact internet@rifina.com

Please note in addition to these terms and conditions, there is useful information available to online shoppers on theSelling Policy page.

 

USE OF THE COMPANY SITE

The Company Site is provided to you for your personal use subject to these Terms and Conditions.  By using the Company Site, you agree to be bound by these Terms and Conditions.

Amendments

We may update these Terms and Conditions from time to time for legal or statutory reasons or to allow the proper operation of the Company Site.  Any changes will be notified to you via the email address provided when registering on the site or via a subtle announcement on the Company Site after we have given notice.  If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site.  If you continue to use the Company Site after the date on which the change comes into effect, your use of the site indicates your agreement to be bound by the new Terms and Conditions.

Registration

To register on the Company Site you must be over eighteen years of age.  You must ensure that the details provided when registering are correct and complete.  It is advised that you inform us immediately of any changes to the information that you provided when registering by updating your personal details in order for us to be able to communicate with you effectively.

Your Account and Password

When registering and creating an account, you will be asked to specify a password.  In order to prevent fraud, you must keep that password confidential and must not disclose it or share it with anyone.  If you suspect that someone else knows your password, please notify us at your earliest convenience by emailing internet@rifina.com. If the Company has reason to believe that a breach of security or misuse of the Company Site has taken place, we may require that you change your password or we may suspend your account.

Intellectual Property

The content of the Company Site is protected by copyright, trademarks, database right and other intellectual property rights.  You may retrieve and display the content of Company Site on a computer screen, store such content in electronic form (other than on a server or storage device connected to a network) or print a copy of such content for your own personal, non-commercial use, provided that you keep intact all and any copyright and proprietary notices.  You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes of any of the materials or content on the Company Site without written permission from the Company.

 

COMPANY SITE CONDITIONS

Conditions of using the Company Site

You may not use the Company Site to disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws.  Transmitting material that encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws, regulations or code of practice will not be tolerated.  You may not interfere with any other person's enjoyment of the Company Site or make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.  You will be responsible for any losses or costs resulting from your breach of these terms.
Availability of the Company Site
Although we aim to offer you the best service possible, we make no promise that the services offered on the Company Site will meet your requirements.  We cannot guarantee that the services will be fault-free.  If a fault does occur, please report it to us by sending an email to internet@rifina.com and we will attempt to correct the fault as soon as we reasonably can.  Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new features and services.  We will notify you of any upcoming restrictions we are aware of, otherwise the service will be restored as quickly as possible.
The Company's Right to Suspend or Cancel your Account
We may suspend or in some cases, cancel your account with immediate effect at our reasonable discretion of if you breach any of your obligations under these Terms and Conditions.  You can cancel your account at any time by contacting us via the contact form on this website or by emailing internet@rifina.com.  The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party's statutory rights or liabilities.

COMPANY LIABILITY
The Company's Liability
The Company Site may sometimes provide content from other Internet sites or resources and while the Company tries to ensure that material included on the site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content.  If the Company is informed of any inaccuracies in the material on the site, we will attempt to correct the inaccuracies as soon as we reasonably can.  If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site.  This will not include business losses such as lost data, lost profits or any business interruption suffered.
Third Party Websites
The Company Site may feature some links to external websites or materials which are beyond its control.  The Company is not responsible for content on any site outside of the Company Site.
Advertising and Sponsorship
Some parts of the Company Site may contain advertising and sponsorship.  Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes.  We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Applicable Law
These Terms and Conditions will be subject to the laws in England.  We will try to solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.
International Law
We make no promise that materials on the Company Site are appropriate or available for use in locations outside of England.  Accessing the Company Site from territories where its content may be deemed illegal or unlawful is prohibited.  If you choose to access this site from a location outside of England, you do so on your own initiative and are responsible for compliance with local laws.
Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person.  We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights under these Terms and Conditions will not be affected.  If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.  The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.  The Company Site is owned and operated by Rifina Company Limited, Unit 8, Alexandra Way, Ashchurch Trading Estate, Tewkesbury GL20 8NB.  If you have any queries, please contact internet@rifina.com

SALE OF GOODS TERMS
These Website Terms and Conditions relate to items supplied to you through the Company Website and should be read in conjunction with the Standard Company Terms and Conditions which shall also apply. Where any differences in Terms and Conditions occur, the Terms and Conditions of the Website will override the Standard Company Terms and Conditions. The Standard Company Terms and Conditions can be found at the bottom of this page.

Prices
Your order is an offer to buy from us.  There will be no contract of any kind between you and us unless and until we actually process your payment and despatch the goods to you.  The prices payable for the items that you order are clearly set out on the Company Site.  If, by mistake, we have under-priced an item, we will not be liable to supply an item to you at the stated price provided we notify you before the item concerned has been despatched.  All prices are expressed exclusive of any VAT payable unless otherwise stated.  Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure.  Authority for payment must be given at the time of placing your order.  The cost of your shopping includes a transaction fee that is payable to the applicable credit or debit card company.
Availability
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
Delivery
Goods will be delivered to the cardholder's address, the cost of which will be confirmed at the time of ordering.  Delivery will be made via our contracted courier service.  Responsibility for and ownership of the goods passes to you once we have delivered them and they have been received and signed for.
Access
If your item(s) are being delivered to an address or property that has restricted or narrow access, please inform us of this as well as of any parking restrictions, narrow lanes etc.. when placing your order by completing the Special Instructions box provided on the Checkout page.  We can then arrange an alternative and adequate delivery method for you.
Dimensions
You are responsible for ensuring the dimensions of the goods are suitable for delivery.  Check access through doors, awkward turns, narrow passages, overall length of items etc.  If delivery is attempted and this proves impossible because of access problems, we are unable to refund the delivery charge and will charge again for re-delivery at a later date.  Product specifications and dimensions may change from time to time without prior notice.  Customers are advised to check the dimensions and specifications at the time of ordering to ensure that they have not changed.  If any item does not display the relevant information, please contact us to check.

ORDER AMENDMENTS AND CANCELLATIONS
Amendments
If you wish to change your order, you must contact internet@rifina.com within 6 hours of placing your order.  Amendments may result in a change to your current delivery time scale and the price you pay for the product.  Any price differences must be paid for and will be charged at the current selling price of the day you amend your order.  If an item of lesser value is required any differences of payment will be paid to you in the manner in which the original payment was made.
Cancellations
Orders may be cancelled prior to despatch from our warehouse, please contact us on internet@rifina.com to organise a refund.
Damaged or Incorrect Goods
In the unlikely event that you receive damaged or incorrect goods, you must notify internet@rifina.com within 24 hours of their receipt.  The goods must be returned in perfect condition within the original packaging.  Once 24 hours have elapsed, it will be assumed that the goods have been accepted.
Should you be unhappy with any items purchased then we reserve the right to have the product inspected before any further action is discussed.  We reserve the right to attempt to repair rather than replace it.

Refunds                                                                                                                                                                                                                              For purchase made by Individuals

Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any of these items within a period of 7 working days, beginning with the day after the day on which the item is delivered. This applies to all of our products.
Please call our customer services team on 0800 085 6665 to arrange the cancellation and return of your order.
To cancel the contract, please pack the relevant item(s) securely, and send it to us so that we receive it within 7 working days after the day of the date that the item was delivered to you.
For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. 
As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item, using the original payment method. To cancel an order, please contact us by emailing 
internet@rifina.com

For purchases Made By Contractors & Companies
We will do our best to accommodate the return of goods ordered in error. However, depending on the reason for the return, we reserve the right to charge a fee for this service. To cancel an order, please contact us by emailing 
internet@rifina.com
Data Protection
We reserve the right to keep customer details on both The Rifina Company Limited website ordering system and a paper copy of your order in the store for five years before we destroy them.  We will take all reasonable steps to ensure all information remains confidential.  These conditions are subject to English Law.
 

 
RIFINA CO LIMITED - TERMS AND CONDITIONS OF SALE
 
 
1) GOVERNING CONDITIONS
a) These terms and conditions shall govern the contract between you and us, including any and all orders for goods submitted by you to us.
b) These terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
c) These terms constitute the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms.
 
 
2) ORDERS
 
a) Each order submitted by you constitutes an offer by you to purchase goods from us in accordance with these terms. You are responsible for ensuring that the terms of the order are complete and accurate. We accept no responsibility for errors of understanding where orders are placed by telephone.
b) Confirmation orders must be prominently marked as such by you, otherwise we cannot be held responsible for any duplication and you may be asked to take and pay for goods tendered against both orders.
c) Your order shall be deemed to have been accepted by us as follows:
(i) where we receive your order verbally (eg. over the trade counter or by telephone), you order will be deemed to have been accepted at the end of the conversation unless we have confirmed during that conversation that we cannot accept or fulfil your order for any reason, or
(ii) where we receive your order in writing (eg. by email or fax), your order will be deemed have been accepted 72 hours after receipt unless we have confirmed during that period that we cannot accept or fulfil your order for any reason.
At the time your order is deemed to have been accepted, a contract shall come into existence between us. Once accepted, an order may not be cancelled by you without our agreement (which we may grant or withhold at our discretion).
d) Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues, brochures or on our website are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract nor have any contractual force.  We do not accept responsibility arising from errors, omissions, mis-descriptions or illustrations contained in or referred to in our catalogues, brochures or on our website. We reserve the right to amend the description or specification of the goods at any time if required by applicable statutory or regulatory requirements.
 
3) PRICES AND QUOTATIONS
 
 
a) Quotations are estimates and shall not constitute an offer. Unless otherwise stated, quotations are valid for 14 days.
b) All goods are sold subject to the prices and any discounts in force at the time of delivery. All discounts and prices are calculated on the basis of the whole of a particular order. Any change in quantity purchased may require an alteration in the price/s and/or discount quoted.
c) The price excludes VAT (which you shall be liable to pay in addition at the prevailing rate) and the costs of delivery referred to in paragraph 4(c).
d) Credit accounts may be opened on receipt of a completed application form and satisfactory credit references. We reserve the right to decline any application, or terminate any credit account, without stating a reason and without liability to you. Where we terminate a credit agreement, all outstanding invoices shall fall due and become payable immediately.
e) We may invoice you for the goods on or at any time after the completion of delivery. Payment is due in full and in cleared funds no later than the last business day of the month following that in which the goods were invoiced unless specifically agreed by us in writing.
f) If payment is not received by the due date, we reserve the right to:
(i) charge interest at 8% per annum over the base rate of the HSBC Bank plc from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount,
(ii) re-invoice the goods at the then current trade price,
(iii) suspend delivery of any existing unfulfilled orders, and reject any further orders submitted to us, and/or
(iv) refer collection to a recovery agent.
 
4) DELIVERIES
  
a) Delivery times are advisory only, are not of the essence and are subject to alteration dependent on our suppliers’ deliveries. We do not accept responsibility for any loss suffered through any delay caused by a Force Majeure Event or by your failure to provide us with adequate delivery instructions.
b) We shall deliver the goods to the location set out in the order or such other location as you and we may agree. Delivery is completed when the goods are unloaded from our vehicle at the delivery location.
c) Goods are normally delivered free of charge by our own vehicle within our normal delivery area. Where a delivery is made on a Saturday, Sunday or bank holiday, or outside our normal delivery area, or by another carrier on our behalf, we reserve the right to make an additional charge for such delivery.
d) If you fail to take delivery of the goods upon the arrival of our vehicle at the delivery location, delivery of the goods shall nevertheless be deemed to have been completed. We shall store the goods until you collect them from us, up to a maximum of three months. If you do not collect the goods within that period, we may resell or dispose of the goods and, after deducting our storage and selling costs, either account to you for any excess over the price of the goods or charge you for any shortfall below the price of the goods.
e) You are required to inspect each delivery of goods for shortage or apparent defects and damage at the time of delivery. Claim for shortages defects or damage must be made in writing to us within three days of delivery. Failure to give such notice shall release us from all responsibility in this connection. Provided that you comply with this paragraph, we shall replace any goods which are defective in workmanship or materials or at our option refund the purchase price if already paid.
f) Goods correctly supplied by us may not be returned by you without our prior written authorisation. We reserve the right to levy a minimum re-stocking charge of 25%, manufacturer’s handling charge, return carriage charges and/or refuse the return of goods supplied to specific order not held in stock. Such charges may be levied retrospectively where a manufacturer/supplier subsequently refuses return of such items.

 
5) REPRESENTATIONS AND WARRANTIES
a) It is your responsibility to satisfy yourself that the goods you have ordered from us are sufficient and suitable for the purpose to which they are to be put. We are not responsible either in respect of their installation or for the performance of any product in which the goods may be installed.
b) We shall use commercially reasonable endeavours to transfer to you the benefit of any manufacturer’s warranty, if one is given, in relation to the goods. This shall be the only express warranty given by us in respect of the goods. Any failure of the goods to comply with such warranty must be referred by you to the manufacturer.
c) Except as provided in paragraphs 4(e), 5(b) or 7(a), we shall have no liability to you in respect of the quality or fitness for purpose of the goods. All other express or implied warranties and representatives, including the terms implied by sections 13 to 15 of the Sale of Goods Act 1979, are excluded from the contract to the fullest extent permitted by law.
 
6) RETENTION OF TITLE
a) The risk in the goods shall pass to you upon completion of delivery under paragraph 4(a) or 4(d).
b) Title to the goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the goods and any other goods that we have supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums, including any interest that may have accrued.
c) Until title to the goods has passed to you, you shall: 
i) store the goods separately from all other goods held by you so that they remain readily identifiable as our  property; and
ii) maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
d) You may resell or use the goods in the ordinary course of your business (but not otherwise) before we receive payment for the goods. However, if you resell the goods before that time, you do so as principal and not as our agent, and title shall pass from us to you immediately before the tie at which resale occurs.
 
7) LIMITATION OF LIABILITY
a) Nothing in these terms shall limit or exclude our liability for: 
i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
ii) fraud or fraudulent misrepresentation;
iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
iv) defective products under the Consumer Protection Act 1987; or
v) any matter in respect of which it would be unlawful for RCL to exclude or restrict liability.
b) Subject to paragraph 7(a):
i) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, sales or goodwill, or for any indirect or consequential loss;
ii) we shall be under no liability for any damage or loss resulting from your or your customers’ use of the goods, whether defective or otherwise; and 
iii) our total liability to you in respect of all other losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed [125% of][IG1]  the price of the goods that were the subject of the order in relation to which our liability arises.
 
8) TERMINATION
a) We may, without prejudice to any of our other rights, and without liability to you, terminate the contract or any unfulfilled part of it or withhold further deliveries of any goods should you purport to cancel any order that we have accepted, or you suspend the operation of your business, or you commit any breach of these terms, or you take any step or action in connection with entering administration, entering into any arrangement with your creditors, being wound up or taking an analogous step in relation to your insolvency.
b) On termination of the contract for any reason, you shall immediately pay all outstanding unpaid invoices and interest.
c) Any of these terms that are, by implication, intended to continue in force after termination shall remain in full force and effect.
 
9) GENERAL
a) Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
b) You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the contract without our prior written consent.
c) A waiver of any right or remedy under the contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
d) No variation of these terms or the contract shall be effective unless it is in writing and signed by both parties.