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Full Terms and Conditions for MEWPSAFETY UK Website
1.0 INTRODUCTION TO MEWPSAFETY UK
The website MEWPSAFETY UK (domain names: www. mewpsafety.uk, www.mewpsafety.co.uk and www.mewpsafetyshop.co.uk) is owned and managed by Alpha Powered Access Operator Services. By using this website you (the website user) agree to abide by our (Alpha Powered Access Operator Services) general Terms and Conditions (this however, will not affect your consumer rights). We are UK VAT registered and our registration number is: GB 941 5701 33.
1.1 OUR CUSTOMER PROMISE TO YOU
Alpha Powered Access Operator Services / MEWPSAFETY UK aim to become a centre point of excellence. This can only be achieved by being helpful and understanding to you the website user or buyer. We shall always aim to assist you in every reasonably practicable way that we can. We strongly believe diplomacy will achieve far greater results over hostility. If you have concerns regarding any aspect of our website, products or services, please Contact Us in the first instance.
1.2 OUR GENERAL TERMS & CONDITIONS
We have aimed to write our Terms and Conditions in uncomplicated, straight forward plain English. Please remember that the use of our website and purchase of our products, is an acceptance of our Terms and Conditions and is legally binding. Please read our Terms and Conditions carefully, if you do not agree to these Terms and Conditions, please refrain from further using this website. If you do have any concerns about material which appears on our websites, then please notify us.
1.3 JURISDICTION & APPLICABLE LAW
In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, then those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. These Terms and Conditions are governed by the Laws of England and Wales and any disputes relating to our Terms and Conditions shall fall within that legal jurisdiction.
1.4 UPDATES TO OUR TERMS & CONDITIONS
Alpha Powered Access Operator Services ( hereby also referred to as: MEWPSAFETY UK, We, Us, Our, Owner, Retailer or Seller) may revise these Terms and Conditions of use at any time by amending this page. You (hereby also referred to as: Customer, Consumer, Buyer, User, or Your) are expected to check this page before use to take notice of any changes made. Provisions on this page may also be superseded by new provisions or notices published elsewhere on our website.
Use of our Website
2.0 USE OF INFORMATION PROVIDED
Though every care has been taken to ensure the accuracy of the compiled information provided, it will always remain subordinate to the applicable Legislation of the United Kingdom and local Regulations in force. The owner of this website will not be held liable for any absolute reliance, misinterpretation or application the reader places on any information or guidance provided. This website should not be seen or used as a substitute for professional training or safety consultancy.
2.1 WEBSITE CONTENT & AVAILABILITY
The design, content and availability of our website may change without prior notification. We reserve the right to amend or update design and content at our discretion and without need of explanation. This can result in the deletion of existing text, images or entire pages. There may be temporary or sustained periods of downtime due to updates, maintenance or other issues beyond our control. We will not be liable for any absolute reliance the user places on website availability.
2.2 WEBSITE COPYRIGHT © POLICY
The content of the MEWPSAFETY UK website including but not limited to text, images, graphics or code, is copyrighted as a collective work under the United Kingdom copyright and other signatory countries laws. No part of this website may be used, copied or reproduced without the express permission of the owners Alpha Powered Access Operator Services. Users may however save or print hard copy portions of this website for reasons of personal study or when placing an order.
2.3 EDITORIAL CONTRIBUTIONS
The MEWPSAFETY UK website contains an ‘Editorial‘ feature with editorial contributions from third party ‘Guest’ writers, whom we have reason to believe are industry professionals and leaders within a specific field of expertise. Inclusion of these ‘Guest Editorials’ however, does not infer our affiliation to those person(s) or imply our confirmation to the accuracy of the editorial content supplied, endorsement of their competency or their expressed opinions or products and services.
Guest writers who submit content, images, graphics or photos to this website for publication do so on the understanding that the work is their own and that no Copyright or intellectual property has been infringed and that any original source or reference has been duly acknowledged. Once the content, images, graphics or photos have been submitted to MEWPSAFETY UK for on-line publication, permission to edit, re-use and re-publish across other mediums cannot be withdrawn.
* The link directs you to ‘Copyright, Designs and Patent Act 1998′ Chapter IV / Moral Rights / Right to be identified as author or director.
2.4 THIRD PARTY PHOTO IMAGES
MEWPSAFETY UK website contains third party photographic images included in galleries which display contributed content depicting both good and bad MEWP work practices or alternatively photographic images provided by a manufacturer or their distributors, showcasing products and services. MEWPSAFETY UK has been granted permission by the owners to use these images, however, this permission does not extend to further copying or use by the visitors to our website.
2.5 DISPUTED PHOTO OWNERSHIP
There may be on occasion photographic images, contributed by our website users, where original ownership and copyright cannot justifiably be verified. These images will mostly likely portray poor or dangerous work practices and will have most probably been cascaded through various social media networking websites. If we perceive a photo image as ‘public domain’ we may opt to display it in a ‘NON-COMMERCIAL CONTEXT’ but will respect original ownership, removing it, if disputed.
2.6 LINKS TO EXTERNAL SOURCES
Links to external sources (i.e. to third party websites) are provided from our own website, which we feel may be of further interest to our website users. The websites reached by these external links remain independent of our own and therefore beyond our administrative control. Inclusion of these outward links, does not however, infer affiliation or association to these third party websites or imply approval or endorsement of their expressed opinions, competency, products or services.
2.7 LINKS FROM EXTERNAL SOURCES
External ‘inward’ links to our website from third party websites (i.e. blogs, forums or other electronic literature etc.) are beyond our administrative control. Inward links from third party websites can be created or generated without our prior knowledge and approval. Therefore, inward links from third party websites do not infer our affiliation or association to these third party websites, or imply approval or endorsement of their expressed opinions, competency, products or services.
3.0 CONTACTING US ONLINE
When contacting us through one of our on-line email forms, we will request that you provide your Name, Company or Sole Trader Name, your contact Email and Telephone details. These will only ever be used for verification and contact purposes. Your personal contact details are not stored on our own website but forwarded to an external email domain address. Confidential contact details provided by the user will never be sold or passed to any third party organisations. (See 3.2).
3.1 USE OF TEXT FILE COOKIES
3.1.1 OUR ESSENTIAL COOKIES
Some cookies are essential and necessary for our website to function and so cannot be switched off in our systems. These ‘essential’ cookies are normally only set in response to specific actions made by the site visitor such as a request for services, filling in an on-line form, logging into an account, purchasing items, viewing the cart and proceeding to checkout. Site users can set their Browser to Block* these essential cookies, however these site functions will no longer be available.
3.1.2 PERFORMANCE COOKIES
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our website. These web Analytics* help us to measure which pages are the most and least popular and see how visitors move around our site. If you do not allow these cookies we will not be able to include your visits in our statistics. If you have used a Do Not Track browser setting, we take this as a sign that you don’t want to allow these cookies and they will be blocked.
* The links will direct you to ‘Cookiepedia’ an information resource website about cookies, owned by ‘Cookies Collective LLP’ London.
3.2 PROTECTING YOUR DATA
We hold a very strong view on safeguarding our website users and buyers details, and we don’t disclose, sell, rent or trade personal information to any other third party organisations. We aim to ensure all reasonable safeguards are in place to protect your identity in relation to the level of protection you would normally provide yourself. The only exceptions are if we are required by compulsion of law such as a court order or when you give consent through requesting a callback.
3.3 REQUESTING A CALLBACK
By submitting a completed callback form you authorise us to forward the relevant information to specific industry professionals or organisations that we have reason to believe are best able to respond to your enquiries. This is done through good will, but does not infer legal affiliation or association on our part or imply endorsement of expressed opinions, competency, products or services offered. We are not liable for any business dealings or contracts entered into thereafter.
3.4 SUBJECT ACCESS REQUEST
The Data Protection Act 1998* gives you the right to know what information about you is held by companies. It also sets down rules for companies about how they should handle your personal information. Under the Data Protection Act, we must let you know what information is held about you (should you request it). Asking for this data is known as making a Subject Access Request (SAR). Organisations are entitled to charge a fee for every SAR, up to but not exceeding £10 GBP.
* For further information on ‘SAR’s’ the above link ‘Data Protection Act 1998′ will direct you to the ‘ Which? Consumer Rights website’.
Use of our Products
4.0 DEFINITION OF PRODUCTS
Our website ‘MEWPSAFETY UK’ promotes and sells various products aimed at the professional MEWP Operator. These products fall into two specific categories, externally sourced products from industry leading suppliers and internally produced products, manufactured and marketed exclusively by MEWPSAFETY UK. As a distributor for many Top Brands we abide by ‘their’ Terms and Conditions. However, MEWPSAFETY UK products are subject to ‘our’ Terms and Conditions.
4.1 MEWPSAFETY UK PRODUCTS
Under the following Terms and Conditions MEWPSAFETY UK printed products such as the ‘Mobile Elevating Work Platform Site Specific Safe System of Work’ booklet will be referred to in the singular as either the Product, Sample or collectively referred to as the Goods. Please read the following Terms and Conditions carefully prior to purchasing MEWPSAFETY UK goods from our website as purchases of these goods are governed exclusively by our ‘own’ Terms and Conditions.
4.2 NO LEGAL REQUIREMENT
In compiling each printed templated product, we have extensively consulted UK law, relevant approved codes of practice and industry guidance. We have aimed to compile very user-friendly tools that are comprehensive but practical in their approach. Specific application and use however, are not legal requirements and we have never implied that a user must buy a templated product on that assumption. We do hope however, that users will voluntarily adopt and implement their use.
4.3 OWN LEGAL COMPLIANCE
Each templated product has been specifically designed and produced to ‘assist’ competent duty holders, contractors and trained Mobile Elevating Work Platform (MEWP) operators in their responsibilities when planning and undertaking work at height. Though every care has been taken to ensure the accuracy of the information provided, they will remain subordinate to UK legislation and local regulations in force. The user is ultimately responsible for their own legal compliance.
4.4 PRODUCT DESIGN & CONTENT
Design and content of a MEWPSAFETY UK printed templated product may change without prior notification. We reserve the right to amend and up-date any product in accordance with changes to requirements in applicable UK legislation or MEWP industry guidance. We may also change the design and content as a result of user feedback and in the interest of improving aesthetic quality or functionality. We will always aim to keep changes minimal so as not to up-set end-user familiarity.
4.5 PRODUCT COPYRIGHT © POLICY
Though much of the MEWPSAFETY UK templated products content origin is to be found in UK legislation and other industry best practice guidance material, the distinctive design format, including but not limited to original text, images and graphics, is copyrighted © as a collective work under the United Kingdom copyright and other signatory countries laws. No MEWPSAFETY UK templated product is to be copied or electronically reproduced without our express permission.
4.6 WHEN COPYING IS ALLOWED
Permission to electronically copy or print whole or part portions of a MEWPSAFETY UK templated product is automatically granted only after the product has been physically used for its intended purpose and only when the relevant sections have been manually filled out by the user and remain completely un-erased and clearly visible. Permission to copy is therefore allowed in the interest of keeping records or for communicating written information and reporting purposes.
4.7 PRODUCT RESALE PROHIBITED
Only MEWPSAFETY UK and approved authorised agents, will act as official distributors for the sale of MEWPSAFETY UK produced goods. By completing a purchase of MEWPSAFETY UK goods through our on-line shop or one of our authorised distributors, you (the buyer) confirm that all goods purchased are for your own personal or company use only. The unauthorised re-sale of goods through online auction sites or other mediums as a means to profit is strictly prohibited.
The Sale of Goods
5.0 WHAT THE LAW REQUIRES
Under the Consumer Rights Act 2015* there are a strict set of rules that retailers and sellers must abide by. When you buy goods it means you have entered into a contract with the seller of these goods. The Consumer Contracts Regulations* are the rules that protect your consumer rights when buying any product from a distance, (i.e. online). If you do have any concerns, please contact us. Refer to our terms and conditions: ‘1.1 OUR CUSTOMER PROMISE’ listed at the top of this page.
* The links ‘Consumer Rights Act 2015′ and ‘Consumer Contracts Regulations’ will direct you to the ‘ Which? Consumer Rights website’.
5.1 REQUESTING FREE SAMPLES
We are not obliged to provide free samples. However, we may on occasions and at our discretion respond to a customer’s written request and provide an individual sample. We will reserve the right to charge at a calculated unit price including cost of packaging and actual shipping costs incurred. This shall be limited to one sample per person or one sample per company (in circumstances where multiple company employees apply), we will take into account associated postal addresses.
5.2 YOUR PAYMENT INFORMATION
Once you have compiled an order at the ‘Checkout’, you will proceed via PayPal for payment . You will then be transferred to a secure payment provider (PayPal Secure Payment), acting as data processor for such data. All personal data provided by you is processed by the payment provider in order to process your payment instruction. Your personal data will not be provided to a third party organisation other than the specified Financial Institutions for the specific chosen payment method.
5.3 PLACING AN ORDER
Step 1. At ‘Checkout’ select ‘PayPal’ payment option and then ‘Proceed to PayPal’.
Step 2. If you have a PayPal account please LOGIN. (Go to Step 4).
Step 3. If not, enter your payment information (This is protected by PayPal).
Step 4. Review your order and then complete your purchase on PayPal.
Step 5. You will then be returned to our website after your order completion.
5.4 YOUR PAYMENT SECURITY
When making your payment for goods, you will be re-directed to PayPal’s highly secure website which protects all of your sensitive financial details. Employees of MEWPSAFETY UK never see your payment details, only your email address, date of sign up and whether you have completed PayPal’s verification process. For further information we recommend the buyer to carefully read PayPal’s own Terms and Conditions* in regards to payment security prior to completing purchase.
* The link ‘Terms and Conditions’ will direct you to PayPal’s Home Page concerning ‘Legal Agreements for PayPal Services in the UK’.
5.5 UK POSTAL COSTS FOR 2018
MEWPSAFETY UK can only provide and deliver goods to on-line customers within the home boundaries of the United Kingdom. We are not currently able to provide for overseas purchase or shipping and apologise for any inconvenience this may cause. Listed delivery prices are for standard Royal Mail / Parcelforce* 2018 services only, other special delivery requirements are not included. If you require alternative or special delivery, please notify us prior to placing your order.
When a product is promoted as Free shipping, MEWPSAFETY UK will nominate the carrier. Any delivery times shown with the product (i.e. 24 hrs / 48 hrs etc.) are to be taken as a guide only. For some parts of the Scottish Highlands and ‘Offshore Isles’ including Northern Island, extended shipping times and a delivery surcharge (different to those applicable for UK Mainland) may apply. Please Contact Us for further details to discuss alternative arrangements before placing an order.
* The link ‘Royal Mail / Parcelforce’ will direct you to a free download pdf.document for Royal Mail / Parcelforce 2016 standard postal prices.
5.6 UNIT WEIGHTS & DIMENSIONS
Products displayed within MEWPSAFETY UK website that are available for purchase and delivery, will have their unit weights and dimensions (where applicable), displayed under the ‘Product Description’. Further weights and dimensions are shown under the product ‘Additional Information’ tab, which are used to help calculate postage and packaging at checkout. All weights and dimensions should only be used as an approximate guide and not be relied upon as absolute.
5.7 ORDER PROCESS & DISPATCH
We aim to make your order processing as smooth and efficient as possible. Once checkout is complete an email will be sent to the buyer confirming the order has been placed. We will then process your order normally within 24 hours and dispatch goods normally within 48 hours of confirmation being sent. Allow seven working days (not including weekends, bank holidays or seasonal holidays) from confirmation to receipt, notify us immediately if your delivery is prolonged.
5.8 NORMAL HOURS OF BUSINESS
OPEN: Monday – Friday 9:00 AM – 5:00 PM
CLOSED: Saturdays & Sundays (By Appointment)
CLOSED: Public Bank Holidays (United Kingdom)
CLOSED: All Seasonal Holidays (United Kingdom)
5.9 OUT OF STOCK & BACK ORDERS
Availability of stock items are posted on each product page. We will always aim to keep sufficient stock in-order to supply prospective orders. However, there may be increased demand for certain products at certain times of the year, due to higher levels of activity. Once stock is consumed, an auto-generated ‘Out of Stock’ sign should appear against an item disabling the ‘Add to Cart’ function. Should you wish to make an enquiry and place an order for incoming stock, contact us .
5.10 SUBSTITUTED PRODUCTS
If you have already made a successful online purchase and we discover that the product you have purchased is no longer available (i.e. our system fails to flag the ‘Out of Stock’ sign or for any other unforeseeable reason beyond our control), we may offer you a substitute item. You will be made aware of any unavailable items and proposed substitutes prior to shipping. You have the right to reject all substitutes offered and we will refund the full amount that you have been charged.
5.11 FORCE MAJEURE / DISCLAIMER
We will not be liable for any ‘absolute’ reliance the buyer places on product availability or shipping dates. We aim to work with the buyer to meet their deadlines but we will not pay compensation for any loss in profits, administrative inconvenience, disappointment, indirect or consequential loss or damage due to failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered, that is caused by any event or circumstance beyond our reasonable control.
5.12 CANCELLATION POLICY
The Consumer Contracts Regulations* state that your right to cancel your order starts the moment you place the order and does not end until fourteen calendar days from the day that you receive your goods. Cancellations, including faulty or incorrect goods, must be confirmed to us in writing by using our on-line Form or by Letter. You must return the cancelled goods at your own expense (unless goods are faulty or incorrect), whereby we will nominate the carrier and arrange collection.
* For further information the above link ‘Consumer Contracts Regulations’ will take you direct to the ‘ Which? Consumer Rights website’.
5.13 EXCLUSIONS TO REFUNDS
Some on-line selling contracts are excluded from the buyers rights to cancel. The Consumer Contracts Regulations make explicit reference to ‘Goods received sealed for health protection’. It is ‘our’ interpretation and strict safety policy that an item(s) of Personal Fall Protection Equipment (PFPE) can no longer be returned back to stock once the protective heat-sealed clear polythene bag has been opened as we can no longer guarantee traceability or know of any potential misuse.
As such the item of PFPE will be deemed non-refundable. The only exceptions are in accordance with your legal rights in so far as the item is found to be damaged or faulty once opened. PFPE is life saving equipment when used correctly by trained operatives and Maintained in perfect working order. We source all our PFPE direct from the Manufacturer and as such can prove an auditable chain of traceability, from where and when it was made, directly to end-user ownership.
It is extremely rare for any newly manufactured PFPE to reach an end-user in a faulty condition. PFPE Manufacturers have to conform to very specific British and European standards when designing and manufacturing equipment. It is a legal requirement that they include a Declaration of Conformity (DoC) as defined by the PPE Directive 89/686/EEC. Each item of equipment will have a batch number or a unique serial number and will be subjected to numerous quality control checks.
End-users (Employers) should establish an inspection regime for the inspection of PFPE including all new equipment first placed (commissioned) into service. If during this initial inspection a fault with any new item of PFPE is identified and reported back to us by the client as the reason for returning (i.e. requesting a refund) we will need to investigate because any ‘fault’ is a very serious matter and the item(s) will be returned to the Manufacturer for thorough investigation and analysis.
5.14 CARE TOWARDS GOODS
The buyer has a statutory duty to uphold when in possession of any goods to be returned. The buyer must ensure that every reasonable care is provided towards the purchased goods in their keeping. The goods, including their original packaging, shall remain unused and in the same condition as originally supplied. If any goods under the buyers care are damaged due to neglect or abuse and are no longer in a resalable condition, we shall seek reimbursement from the buyer.
5.15 RETURN DELIVERY COSTS
The buyer must return all cancelled goods at their own expense, unless the goods are faulty or incorrect goods have been supplied, whereby we’ll nominate the carrier and arrange reasonable collection. The buyer should obtain sufficient insurance and proof of posting to protect themselves against any accidental loss or damage arising from their return shipping. An order refund will only be issued once all goods are safely back in our keeping and only via the original payment method.
5.16 GOODS EXCHANGE POLICY
We aim for you to be completely satisfied with the quality and condition of our products when they arrive to you. However, in the unlikely event that any product is found to be faulty or even damaged during shipping, please notify us immediately. We will arrange to have the faulty or damaged goods collected and replaced at our expense (not including the buyer’s storage costs or claims for compensation, see Terms and Conditions (5.11 FORCE MAJEURE / DISCLAIMER).
5.17 LOSS OF GOODS & FRAUD
When goods have not arrived within the advised shipping times (see Terms and Conditions 5.7 ORDER PROCESS & DISPATCH), the buyer should notify us immediately and request order re-dispatch or cancellation. If the original ‘lost’ goods should then turn up they remain the property of MEWPSAFETY UK and the buyer must notify us to arrange for collection. Failure to inform us in an attempt to intentionally keep the received goods is fraud and we will pursue criminal prosecution.
Third Party Adverts
6.0 SPONSORS & ADVERTISING
The website MEWPSAFETY UK is an ecommerce website, and even though it contains ample information in its own right, it is predominantly a business website generating marketing and sales. MEWP Hire, Training, Servicing and Parts or Sales Companies wishing to promote their products or services on this website under the various categories of Hire Directory, Training Directory or Sales & Support Directory should contact MEWPSAFETY UK Sales Team for more information.
Terms and Conditions reviewed and revised at 14:40 Hrs GMT on Thursday 08th September 2016