PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer, being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession),  whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms  govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company. 

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind)  the contract, what to do if there is a problem and other important information.

1.3 These Terms (together with the Privacy Policy (www.forthings.io/wps/portal/eu/about/privacy-policy), the Terms of Website Access (www.forthings.io/wps/portal/eu/about/terms-of-access), the Cookies Policy (www.forthings.io/wps/portal/eu/about/cookies), and the Returns Policy (www.forthings.io/wps/portal/eu/about/return-policy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you.

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them.  If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322. 

2.2 You can contact us by  writing to us at supportforthings@premierfarnell.com

2.3 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.

3. ORDER PROCESS 

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field.  After placing your order, by clicking Buy Now, you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below. 

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product,  because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason. 

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.  

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification. 

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website www.forthings.io. If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at supportforthings@premierfarnell.com

5.2 The warranties provided are governed by the Company's warranty policies in effect on the  conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, if greater,  the minimum period required at law following delivery. 

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:  

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from: 

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages   stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised  to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order. 

6.2 If the rate of VAT or other applicable sales tax  changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid and require the return of any goods provided to you.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law  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. 

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product: 

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend  you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.  

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your Purchase Receipt or invoice. 

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by us.  Where the Products are goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you  should notify the Company within 10 days from the date of delivery. Your legal  right  to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received. 

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to  end for late delivery under clause 9.6, you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within  a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6).  We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).  

9.11 Unfortunately, we do not deliver to addresses outside the UK and Ireland. You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined. 

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products. 

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product; 

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the relevant local consumer protection laws  are explained in more detail in these terms. 

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you. 

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example, Operating Systems and Middleware) if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example, singleboard computers and development boards)? If so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1),  you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March. 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at supportforthings@premierfarnell.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.  If you are 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. 

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees. 

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind: 

11.8.1 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. Our returns policy is set out here (www.forthings.io/wps/portal/eu/about/return-policy).  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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you,  allow us to deliver the Products to you or collect them from us. 

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us  at supportforthings@premierfarnell.com.  

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3 or as set forth in clause 11.5). Please email customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR  SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY.  SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

14.4.2 fraud or fraudulent misrepresentation; 

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and 

14.4.4 defective products under the local mandatory consumer protection laws. 

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Product giving rise to any claim.  

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for. 

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK.  
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you). 

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void. 

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. The United Nations Convention on the International Sale of Goods shall not govern these Terms. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession),  whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms  govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company. 

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind)  the contract, what to do if there is a problem and other important information. 

1.3 These Terms (together with the Privacy Policy (https://www.forthings.io/wps/portal/eu/about/privacy-policy), the Terms of Website Access (https://www.forthings.io/wps/portal/eu/about/terms-of-access), the Cookies Policy (https://www.forthings.io/wps/porta/eu/about/cookie), and the Returns Policy (https://www.forthings.io/wps/portal/eu/return-policy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you.

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them.  If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322. 

2.2 You can contact us by  writing to us at supportforthings@premierfarnell.com.

2.3 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.

3. ORDER PROCESS 

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field.  After placing your order, by clicking Buy Now, you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below. 

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product,  because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason. 

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.  

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification. 

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website www.forthings.io. If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at supportforthings@premierfarnell.com

5.2 The warranties provided are governed by the Company's warranty policies in effect on the  conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, of greater, the minimum period required at law  following delivery. 

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:  

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from: 

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised  to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order. 

6.2 If the rate of VAT or other applicable sales tax  changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax   that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid and require the return of any goods provided to you.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law  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. 

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product: 

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend  you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.  

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your Purchase Receipt or invoice. 

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by  us  Where the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you  should notify the Company within 10 days from the date of delivery. Your legal  right  to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received. 

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person  will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to  end for late delivery under clause 9.6, you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within  a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).  

9.11 Unfortunately, we do not deliver to addresses outside of the UK and Ireland.You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined. 

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products. 

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product; 

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the relevant local consumer protection laws  are explained in more detail in these terms. 

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you. 

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example, Operating Systems and Middleware)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example, singleboard computers and development boards)? If so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1),  you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March. 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at supportforthings@premierfarnell.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.  If you are 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. 

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees. 

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind: 

11.8.1 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. Our returns policy is set out here (https://www.forthings.io/wps/portal/eu/return-policy).  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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within  a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you, allow us to deliver the Products to you or collect them from us. 

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us  at supportforthings@premierfarnell.com

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3 or as set forth in clause 11.5). Please email  customer services at returnsforthings@premierfarnell.com for a return label or to arrange collection.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR  SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY.  SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

14.4.2 fraud or fraudulent misrepresentation; 

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and 

14.4.4 defective products under the local mandatory consumer protection laws. 

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Product giving rise to any claim.  

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for. 

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you). 

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void. 

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law subject to mandatory provisions of local consumer law that may apply for your benefit by operation of law and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The United Nations Convention on the International Sale of Goods shall not govern these Terms. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Republic of Ireland you may also bring proceedings in Republic of Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession), whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company.

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind) the contract, what to do if there is a problem and other important information.

1.3 These Terms (together with the Privacy Policy https://www.forthings.io/wps/portal/eu/about/privacy-policy),, the Terms of Website Access ((/www.forthings.io/wps/portal/eu/about/terms-of-access), the Cookies Policy https://www.forthings.io/wps/portal/eu/about/cookie, and the Returns Policy www.forthings.io/returnspolicy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you. The languages used to execute this Terms are Spanish and English

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322.

2.2 You can contact us by writing to us at essupport@forthings.io

2.3 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.

3. ORDER PROCESS

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field. After placing your order, by clicking Buy Now , you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason.

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification.

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product commercial warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website www.forthings.io. . If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at essupport@forthings.io

5.2 The additional commercial warranties provided are governed by the Company's warranty policies in effect on the conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, if greater, the minimum period required at law following delivery.

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from:

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order.

6.2 If the rate of VAT or other applicable sales tax changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable 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.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law 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.

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product:

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your [Purchase Receipt or invoice.

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by us. Where the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you should notify the Company within 10 days from the date of delivery. Your legal right to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received.

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to end for late delivery under clause 9.6 , you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at esreturns@forthings.io for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).

9.11 Unfortunately, we do not deliver to addresses outside UK., Ireland, Sweden, Denmark, Finland and Spain. You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined.

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products.

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product;

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the relevant local consumer protection laws are explained in more detail in these terms.

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you.

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example, Operating Systems and Middleware) if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example, singleboard computers and development boards); if so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1), you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March.

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at essupport@forthings.io. Please provide your name, home address, details of the order and, where available, your phone number and email address.

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at esreturns@forthings.io for a return label or to arrange collection. If you are 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.

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees.

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind:

11.8.1 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. Our returns policy is set out here www.forthings.io/returnspolicy. 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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you, allow us to deliver the Products to you or collect them from us.

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us at essupport@forthings.io

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3 or as set forth in clause 11.5). Please email customer services at esreturns@forthings.io for a return label or to arrange collection.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY. SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

14.4.2 fraud or fraudulent misrepresentation;

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and

4.4.4 defective products under the local mandatory consumer protection laws.

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product giving rise to any claim.

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for.

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you).

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer. For Spain, those imperative provisions are the rules for protection against unfair terms and the rules of protection in matters of guarantees (respectively contained in articles 82 to 91 and 114 to 126 of Royal Legislative Decree 1/2007 approving the Spanish Consumers Protection Law.

17.7 The United Nations Convention on the International Sale of Goods shall not govern these Terms. In the event of a dispute arising from the interpretation and/or application of this Terms, the court of the place where the customer is domiciled or resident, shall have exclusive and mandatory jurisdiction.

 

PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession),  whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms  govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company.

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind)  the contract, what to do if there is a problem and other important information.

1.3 These Terms (together with the Privacy Policy ( https://www.forthings.io/wps/portal/eu/about/privacy-policy),the Terms of Website Access (/www.forthings.io/wps/portal/eu/about /terms-of-access),  the Cookies Policy  https://www.forthings.io/wps/portal/eu/about/cookie,  and the Returns Policy www.forthings.io/returnspolicy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you.

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them.  If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322.

2.2 You can contact us by  writing to us at  sesupport@forthings.io

2.3 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.

3. ORDER PROCESS 

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field.  After placing your order, by clicking Buy Now , you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product,  because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason.

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification. 

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website: www.forthings.io.  If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at  sesupport@forthings.io   

5.2 The warranties provided are governed by the Company's warranty policies in effect on the  conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, if greater, the minimum period required at law  following delivery. 

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:  

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from: 

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages   stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised  to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order. 

6.2 If the rate of VAT or other applicable sales tax  changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax   that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid and require the return of any goods provided to you.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law  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. 

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product: 

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend  you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.  

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your [Purchase Receipt or] invoice. 

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by  us  Where the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you  should notify the Company within 10 days from the date of delivery. Your legal  right  to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law,  provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received. 

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person  will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may  end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to  end for late delivery under clause 9.6 , you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at  sereturns@forthings.io for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within  a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).  

9.11 Unfortunately, we do not deliver to addresses outside  UK., Ireland, Sweden, Denmark, Finland and Spain. You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined. 

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products. 

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product; 

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the relevant local consumer protection laws  are explained in more detail in these terms. 

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you. 

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example, Operating Systems and Middleware)  if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example,  single board computers and development boards);  if so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1),  you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March. 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at . sesupport@forthings.io.  Please provide your name, home address, details of the order and, where available, your phone number and email address. 

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at   sereturns@forthings.io for a return label or to arrange collection.  If you are 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. 

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees. 

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind: 

11.8.1 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. Our returns policy is set out here www.forthings.io/returnspolicy.  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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the  standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within  a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you,  allow us to deliver the Products to you or collect them from us. 

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us  at sesupport@forthings.io   

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3or as set forth in clause 11.5).. Please email  customer services at sereturns@forthings.io for a return label or to arrange collection.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR  SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY.  SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

14.4.2 fraud or fraudulent misrepresentation; 

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and 

14.4.4 defective products under the local mandatory consumer protection laws. 

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Product giving rise to any claim.  

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for. 

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you). 

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void. 

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by Swedish law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to you applicable in the country of your habitual residence. In the event of a dispute arising from the interpretation and/or application of these Terms, the court of the place where you are domiciled or resident, if located in Sweden, shall have exclusive and mandatory jurisdiction. In the event that your domicile or residence is not located in Sweden, you may, at your choice, refer the matter either to the court of the place where you are domiciled or resident or to the courts where the Company is domiciled. The United Nations Convention on the International Sale of Goods shall not govern these Terms. 

 

PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession),  whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company. 

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind)  the contract, what to do if there is a problem and other important information. 

1.3 These Terms (together with the Privacy Policy  (https://www.forthings.io/wps/portal/eu/about/privacy-policy), the Terms of Website Access (/www.forthings.io/wps/portal/eu/about /terms-of-access), the Cookies Policy https://www forthings.io/wps/portal/eu/about/cookie and the Returns Policy www.forthings.io/returnspolicy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you.

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them.  If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322. 

2.2 You can contact us by writing to us at  fisupport@forthings.io.

2.3 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.

3. ORDER PROCESS 

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field.  After placing your order, by clicking Buy Now , you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below. 

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product,  because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason. 

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.  

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification. 

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website www.forthings.io.  If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at  fisupport@forthings.io.  

5.2 The warranties provided are governed by the Company's warranty policies in effect on the  conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, if greater, the minimum period required at law  following delivery. 

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:  

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from: 

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages   stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised  to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order. 

6.2 If the rate of VAT or other applicable sales tax  changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax   that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract,   and refund you any sums you have paid and require the return of any goods provided to you.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law  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. 

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product: 

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend  you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.  

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your [Purchase Receipt or] invoice. 

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by us.  Where the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you  should notify the Company within 10 days from the date of delivery. Your legal  right  to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received. 

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person  will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to  end for late delivery under clause 9.6  you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at fireturns@forthings.io for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within  a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).  

9.11 Unfortunately, we do not deliver to addresses outside UK., Ireland, Sweden, Denmark, Finland and Spain. You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined. 

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products. 

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product; 

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the relevant local consumer protection laws  are explained in more detail in these terms. 

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you. 

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example,  Operating Systems and Middleware)  if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example,  singleboard computers and development boards);  if so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1),  you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March. 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at fisupport@forthings.io. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at  The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at fireturns@forthings.io for a return label or to arrange collection.  If you are 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. 

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees. 

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind: 

11.8.1 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. Our returns policy is set out here www.forthings.io/returnspolicy.  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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the  standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within  a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you,  allow us to deliver the Products to you or collect them from us. 

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us at  fisupport@forthings.io.   

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3 or as set forth in clause 11.5).  Please email customer services at  fireturns@forthings.io for a return label or to arrange collection.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR  SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY.  SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

14.4.2 fraud or fraudulent misrepresentation; 

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and 

14.4.4 defective products under the local mandatory consumer protection laws. 

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Product giving rise to any claim.  

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for. 

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you). 

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void. 

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by Finnish law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Finnish law. The United Nations Convention on the International Sale of Goods shall not govern these Terms. You and we both agree that the courts of Finland will have non-exclusive jurisdiction. 

17.7 You as a natural person (consumer) also have the right to submit a dispute or disagreement related to the Products or these Terms to resolution by the Consumer Disputes Board of Finland (available here). Prior to submitting the matter to the Consumer Disputes Board of Finland, you must contact the Finnish Consumer Advisory Services (available here). In addition, consumers may submit a dispute concerning a website or online service to the online dispute resolution platform of the European Commission. The platform is available here

 

 

PREMIER FARNELL UK LIMITED TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 These are the terms and conditions (the "Terms") on which we supply products to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession),  whether these are goods or software (the "Products"). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms  govern any purchase contract between Premier Farnell UK Limited (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company. 

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind)  the contract, what to do if there is a problem and other important information. 

1.3 These Terms (together with the Privacy Policy, the Terms of Website Access (/www.forthings.io/wps/portal/eu/about /terms-of-access)  the Cookies Policy (https://www. forthings.io/wps/portal/eu/about/cookie), and the Returns Policy www.forthings.io/returnspolicy) tell you information about us and the legal terms and conditions on which we sell the Products listed on this Website to you. Your use of this Website is governed by these policies. Please take the time to read these, as they contain important information which applies to you.

1.4 You agree that these Terms apply to your purchase of the Products. Please click on the button marked "I accept" at the end of these Terms if you accept them.  If you refuse to accept these Terms, you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Premier Farnell UK Limited, who operates the website www.forthings.io (the "Website"), a company registered in England and Wales. Our company registration number is 876412 and our registered office is located at Farnell House, Forge Lane, Leeds LS12 2NE, United Kingdom. Our registered VAT number is 169 680322. 

2.2 You can contact us by  writing to us at  dksupport@forthings.io.

2.3 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.

3. ORDER PROCESS 

3.1 You may only purchase Products from this Website if you are at least 18 years old.

3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors (e.g. with respect to the payment method, data or quantity), click Edit next to the respective field.  After placing your order, by clicking Buy Now, you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below. 

3.3 Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched ("Purchase Receipt"), at which point a contract will come into existence between you and us but in no event later than 3 working days after receipt of your order.

3.4 You will receive the contractual provisions together with information on the Products ordered, including the Terms and the information on the right of withdrawal, by email upon acceptance of your order. We do not store the contractual provisions for you.

3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product,  because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason. 

3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept your order. The delivery company will separately provide you tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Please note that Products may vary slightly from the images on the Website but not from the description (and specifications) provided. Where we have put drawing, photographs, illustration, specification, performance data, dimensions and the like relating to our Products on our Website, we believe that these are accurate.  

4.2 The packaging of the Product may vary from that shown in images on our Website however this will not affect the Product specification. 

5. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

5.1 Product warranties vary by Product type and/or category and are only provided for the countries listed in clause 9.11. All Product warranties can be found on our Website. www.forthings.io.   If you are unable to find the warranty applicable to the Product you purchased, please email our customer service department at  dksupport@forthings.io.  

5.2 The warranties provided are governed by the Company's warranty policies in effect on the  conclusion of the contract, including the exceptions and conditions included therein. Any warranties in relation to the Products shall only be valid from delivery and for a period of 12 months or, if greater, the minimum period required at law  following delivery. 

5.3 EXCEPT AS EXPRESSLY STATED IN THE PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5.4 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option:  

5.4.1 in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

5.4.2 in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

5.5 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. The warranty shall not apply to any defect arising from the Products from: 

5.5.1 fair wear and tear;

5.5.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

5.5.3 if you fail to operate or use the Products in accordance with the user instructions; or

5.5.4 any alteration or repair by you.

5.6 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.

6. PRICE AND PAYMENT

6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages   stated on your Purchase Receipt and invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised  to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order. 

6.2 If the rate of VAT or other applicable sales tax  changes between your order date and the date we supply the Product, we will adjust the rate of VAT or other applicable sales tax   that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.

6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid and require the return of any goods provided to you.

6.4 We accept payment via PayPal. When you must pay depends on what Product you are buying:

6.4.1 For goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.

6.4.2 For software, you must pay for the Products before you download them.

6.5 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 maximum rate permitted by law  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. 

6.6 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.

7. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10).

8. OUR RIGHTS TO MAKE CHANGES

8.1 We may change the Product: 

8.1.1 to reflect changes in relevant laws and regulatory requirements; and

8.1.2 to implement minor technical adjustments and improvements, by way of example, not limitation.

8.2 We may update or recommend  you to update software, provided that the software shall always match the description of it that we provided to you before you bought it.

8.3 We may, from time to time, change and update these Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "I accept" button, check and carefully read the corresponding applicable version of the Terms.  

9. DELIVERY

9.1 The costs of delivery will be as displayed to you on our Website, and on your Purchase Receipt or invoice. 

9.2 During the order process we will let you know when the Products will be delivered to you. Delivery of the Products will be performed by third party delivery companies instructed by  us.  Where the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. You should examine the Products when you receive them. If any item is damaged or missing, you  should notify the Company within 10 days from the date of delivery. Your legal  right  to claim for defects in the Products remain unaffected.

9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received. 

9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person  will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

9.5 If you do not collect the Products 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 within a reasonable time frame, the delivery person 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 12.1.3 will apply.

9.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may  end the contract straight away if any of the following apply:

9.6.1 we have refused to deliver the goods;

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

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

9.7 If you do choose to  end for late delivery under clause 9.6 , you can cancel your order for any of the goods or reject goods that have been delivered late. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery without undue delay.  If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) otherwise allow us to collect them from you. We will pay the costs of postage or collection. Please email our customer services at dkreturns@forthings.io for a return label or to arrange collection.

9.8 A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us.

9.9 You own a Product which is goods once we have received payment in full.

9.10 If you do not pay us for the Products when you are supposed to (see clause 6.4) and you still do not make payment within  a reasonable number of days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 6.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products, we can also charge you interest on your overdue payments (see clause 6.5).  

9.11 Unfortunately, we do not deliver to addresses outside UK., Ireland, Sweden, Denmark, Finland and Spain. You may place an order for Products from outside these territories, but this order must be for delivery to an address in the countries listed above.

9.12 Separate conditions apply to export transactions and are available on request from the Company’s export department. You are responsible at your own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Products are destined. 

9.13 Certain Products imported from the United States of America by the Company are subject to specific restrictions. With respect to goods manufactured in or originating from the United States, you agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities and shall not import, export or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and are not otherwise prohibited by law from purchasing the Products. 

9.14 The Company reserves the right not to supply certain customers or countries and to require from the Customer full details of the end use and final destination of the Products.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing our obligations and when you decide to end the contract:

10.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;

10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

10.1.3 If you have just changed your mind about the Product, see clause 10.3. 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 Product; 

10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.

10.2 If you are ending a contract for a reason set out at 10.2.1 to 10.2.4 below, the contract will end immediately and we will refund you in full for any unshipped Products which have not been provided and you may also be entitled to compensation. The reasons are:

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

10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

10.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 9.3).

10.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the relevant local consumer protection laws  are explained in more detail in these terms. 

10.4 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:

10.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;

10.4.3 any Products which become mixed inseparably with other items after their delivery; and

10.4.4 a product created by special order made bespoke for you. 

10.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

10.5.1 Have you bought software for download or streaming (for example,  Operating Systems and Middleware) if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the software to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.5.2 Have you bought goods (for example, single board computers and development boards);  if so you have 14 days after the day you receive the goods, unless:

10.5.2.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

10.5.2.2 Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you receive the first delivery of the goods.

10.6 Even if we are not at fault (see clause 10.1),  you can still end the contract before it is completed except where you do not have a right to change your mind (see clause 10.4). A contract for goods or software is completed when the Product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Product until 3 March. We will only charge you for supplying the Product up to 3 March and will refund any sums you have paid in advance for the supply of the Product after 3 March. 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

11.1 To end the contract with us, please let us know by email. Email us at dksupport@forthings.io. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at [The Returns Department, Forthings International Distribution Centre, Castleton Road, Leeds, LS12 2EN or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at   dkreturns@forthings.io for a return label or to arrange collection.  If you are 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. 

11.3 We will pay the costs of return:

11.3.1 if the Products are faulty or mis-described; or

11.3.2 if you are ending the contract because we have told you of an upcoming change to the Product 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.

11.4 If you are exercising your right to change your mind, you will be responsible for paying any return shipping fees. 

11.5 In all other circumstances, you must pay the costs of return (including if you are exercising your right to change your mind).

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

11.7 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.8 If you are exercising your right to change your mind: 

11.8.1 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. Our returns policy is set out here  www.forthings.io/returnspolicy. 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.

11.8.2 The maximum refund for delivery costs will be the costs of delivery by the  standard delivery method we offer on the Website. For example, if we offer delivery of a Product within 3-5 days at one cost, and this is identified as the 'standard' cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.9 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

11.9.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.2.

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

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract for a Product at any time by writing to you if:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within  a reasonable period of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;

12.1.3 you do not, within a reasonable time, and us reminding you,  allow us to deliver the Products to you or collect them from us. 

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 If you have any questions or complaints about the Product, please contact us. You can write to us  at dksupport@forthings.io.   

13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.

13.3 If you wish to exercise your legal rights to reject Products you must 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 (except where you have had a change of mind in accordance with clause 10.3 or as set forth in clause 11.5).. Please email  customer services at [dkreturns@forthings.io for a return label or to arrange collection.

13.4 For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: dksupport@forthings.io 

13.5 If you have a complaint  or a dispute with us, you can complain to “Center for klageløsning” (https://minsag.forbrug.dk/FKVWeb/CheckComplaintStart.aspx) or via regular post or e-mail to the following address Nævnenes Hus, Center for Klageløsning, Toldboden 2, 8800 Viborg, Denmark, or e-mail: nh@naevneneshus.dk.

13.6 You can also use the EU Commission's online complaint portal, which will, however, mainly be relevant if you are a consumer domiciled outside Denmark. You can find the complaint portal here: http://ec.europa.eu/consumers/odr/.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (B) NEITHER US NOR OUR  SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY.  SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

14.2 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.

14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 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:

14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 

14.4.2 fraud or fraudulent misrepresentation; 

14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and 

14.4.4 defective products under the local mandatory consumer protection laws. 

14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed  the price of the Product giving rise to any claim.  

14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for. 

15. PROHIBITED APPLICATIONS

THE PRODUCTS ARE NOT DESIGNED, AUTHORISED OR WARRANTED TO BE SUITABLE FOR USE IN ANTI-PERSONNEL LANDMINES, NUCLEAR FACILITIES OR WEAPONS, CHEMICAL OR BIOLOGICAL WEAPONS, MISSILE TECHNOLOGY, SPACE OR AIRCRAFT OR AIR TRAFFIC APPLICATIONS, LIFE SUPPORT OR LIFE SUSTAINING EQUIPMENT, SURGICAL IMPLANTATION EQUIPMENT OR FOR ANY OTHER PURPOSE WHERE THE FAILURE OR MALFUNCTION OF THE PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH, SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. USE OR INCLUSION OF THE PRODUCTS IN ANY SUCH EQUIPMENT, SYSTEM OR APPLICATIONS IS STRICTLY PROHIBITED (UNLESS THE COMPANY AGREES IN WRITING THAT SUCH PROHIBITION DOES NOT APPLY TO A PARTICULAR PRODUCT) AND ANY SUCH USE WILL BE AT YOUR OWN RISK.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY THE COMPANY AND ITS SUPPLIERS AGAINST ANY AND ALL LIABILITY AND EXPENSE (INCLUDING COSTS) RESULTING FROM ANY SUCH INCLUSION OR USE.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the Products (subject to the Customer at all times complying with the terms and conditions of any applicable EULA in respect of any software supplied by the Company to you). 

16.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. You are responsible for informing yourself of the terms of its license or use and paying any royalty payable.

16.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.

17. OTHER IMPORTANT TERMS

17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void. 

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 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.

17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.6 Please note that these Terms are governed by Danish law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Danish law. The United Nations Convention on the International Sale of Goods shall not govern these Terms. You and we both agree to that the Danish court is the legal venue to any dispute that may come out