Toner Inc Rebox Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.toner-inc.co.uk to you.  Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our sites.

DEFINITIONS

1.1

These definitions apply in these terms and conditions:

Customer” or “you” means the Individual Customers and the Business Customers.

our site” means www.toner-inc.co.uk

Products” means any products listed on our website www.toner-inc.co.uk

us” means Toner Inc Limited, registered in England and Wales under number 05030623 and with our registered office at Quadrant House, Floor 6, 4 Thomas More Square, London, E1W 1YN.

INFORMATION ABOUT US

We operate the website www.toner-inc.co.uk. We are Toner Inc Limited, a company registered in England and Wales under number 05030623 and with our registered office at Quadrant House, Floor 6, 4 Thomas More Square, London, E1W 1YN.  Our main trading address is Unit F4,Bluegate Park, Brentwood, Essex CM14 4JE. Our VAT number is 859 0320 23. ReBox is a trading name of Toner Inc Ltd.

SERVICE AVAILABILITY

We currently accept orders from addresses within the UK Mainland and Channel Islands, France, Germany, Italy, Netherlands, Portugal and Spain. For other areas, please contact us for confirmation of shipping costs.

YOUR STATUS

1.2

Where you are a Consumer (Individual) Customer, by placing an order through our site, you warrant that: (i) you are legally capable of entering into binding contracts and; (ii) you are at least 18 years old;

1.3

Where you are a Business Customer, by placing an order through our site, you warrant that the staff who place the order for the Products are legally capable of entering into binding contracts and are authorised to enter into the Contracts on behalf of your Company or Organisation.

ACCOUNT

1.4

In order to place an order for the Products, you will be required to create an account with us (“Account”). You will need a user ID and password to access the Account. You must treat such user ID and password and any other information which is part of our security procedures as confidential and you must not disclose it to any third party. We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or our website terms of use or privacy policy. You agree to immediately notify us of any unauthorised use of your password or account or other breach of security.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1.5

After placing an order (which you shall ensure is complete and accurate), you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”).  The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.

1.6

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

CUSTOMER RIGHTS

1.7

You may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 12 below).  

1.8

To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

1.9

Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your other statutory rights as a consumer and all transactions with us are covered by the Consumer Rights Act 2015.

DESCRIPTION AND QUALITY

1.10

All descriptions or illustrations contained on our site are issued or published for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract.  All representations as to the performance of the Products are based on information supplied by the manufacturer of the Products and relate to the performance in normal conditions and when used correctly.

1.11

We warrant that (subject to the other provisions of these conditions) upon delivery the Products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

1.12

We shall not be liable for a breach of the warranty in clause 8.3 unless:

(a) you give written notice of the defect to us, and, if the defect is as a result of damage in transit by the carrier, within two business days of the time when you discover or ought to have discovered the defect; and

(b) we are given a reasonable opportunity after receiving the notice of examining such Products and you (if asked to do so by us) return such Products to our place of business at our cost for the examination to take place there.

1.13

We shall not be liable for a breach of the warranty in clause 8.3 if:

(a) you make any further use of such Products after giving such notice; or

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

(c) you alter or repair such Products without our written consent; or

(d) you have subjected the Products to unfair wear and tear, misuse, neglect or accident.

1.14

Subject to clauses 8.4 and 8.5, if any of the Products do not conform with the warranty in clause 8.3 we shall at our option repair or replace such Products (or the defective part) or refund the price of such products at the pro rata Contract rate provided that, if we so request, you shall, at our expense, return the Products or the part of such Products which is defective to us.

1.15

If we comply with clause 8.6, we shall have no further liability for a breach of the warranty in condition 8.3 in respect of such Products.

1.16

Any Products replaced shall belong to us.

AVAILABILITY AND DELIVERY

1.17 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Time for delivery will not be of the essence of the Contract.

1.18

Unless otherwise agreed in writing by us, delivery of the Products shall take place at the address provided by the Customer when they place the order. You shall provide at your expense adequate and appropriate equipment and manual labour for unloading of the Products.

1.19

If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:

(a) risk in the Products shall pass to you (including for loss or damage caused by our negligence);

(b) the Products shall be deemed to have been delivered; and

(c) we may store the Products until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

1.20

The delivery of the Products will be accompanied by a delivery note (“Delivery Note”). You will confirm that the Products have been delivered by signing the Delivery Note or any other proof of delivery document provided by us or our nominated carrier at the time of delivery.

1.21

You shall notify us of any claim for short delivery or damaged outer packaging, within 72 hours from the time of delivery. Compliance with this condition for which time shall be of the essence shall be a condition precedent to any claim for short delivery and/or damaged outer packaging. For wrong, faulty (or damaged) Products, you have 14 days to notify us, from the date of delivery. You must obtain an RMA Number (see Clause 12.2).

1.22

If short delivery does take place, you undertake not to reject the Products but to accept the Products delivered as a part performance of the Contract.

1.23

You shall note any claim for wrong order, wrong price or wrong delivery on the Delivery Note at the time of delivery and shall confirm such claim in writing to us within 72 hours from the time of delivery.

1.24

In the case of wrong order or wrong delivery that is our fault, you may reject all or part of such wrong order or wrong delivery. Any accepted wrong delivery or wrong order or part accepted wrong delivery or part accepted wrong order shall become payable in the normal manner under these conditions.

1.25

In the case of wrong order or wrong delivery that is your fault, you are bound by such order and the invoice is payable in the normal manner under these conditions.

1.26

We may deliver the Products by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.

RISK AND TITLE

1.27

The Products will be your responsibility from the time of delivery.

1.28

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRICE AND PAYMENT

1.29

The price of the Products and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error.

1.30

Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

1.31

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

1.32

Our sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

1.33

If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

1.34

You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the you have a valid court order requiring an amount equal to such deduction to be paid by us to you.

OUR RETURNS/REFUNDS POLICY

1.35

If you return a Product to us:

(a) because you are a Consumer and have cancelled the Contract between us within the fourteen day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), you must follow the refund procedure detailed in clauses 12.2 to 12.4 below.

1.36

You should contact us within 14 days of delivery to obtain an RMA Number, which can be obtained by completing our Returns Request Form, (for assistance with this form you can telephone +44(0)1277 237803 or email rebox@toner-inc.co.uk). You must provide the information listed below and we will respond within one Business Day with your allocated RMA Number, which you must quote in all communications concerning your Returns.

(a) your Name (as the Customer)

(b) Rebox Order Reference

(c) your telephone number and email address

(d) reason for return (e.g. wrong product ordered, wrong product supplied, product faulty).

1.37

Products which are defective by reason of faulty design or manufacture will be collected by us from your principal trading address (or such single other address as you indicate), at our cost.

1.38

You must ensure that the Products returned are in the original packaging and you shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Products and will include all the accessories which were delivered with the Products. If the Products normally carry a serial number, in no circumstances will Products be accepted for return if the serial number is either absent or erased.

1.39

Products which are not returned in the manner described in clauses 12.2 to 12.4 above, will not be accepted as returns.

1.40

Once the Products have been received by our Returns Department, they will verify that the Products meet the above criteria and will issue a refund.

1.41

If the refund does not correspond to the Customer’s invoice, we will provide such explanations and proofs that are necessary to reconcile any differences.

1.42

We represent to you and you represent to us that each party will negotiate in good faith to resolve any differences.

1.43

We will aim to process the returns in a timely manner and agree that time will be of the essence in resolving any difference concerned with the refund.

1.44

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

OUR LIABILITY

1.45

Subject to clause 13.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

1.46

Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time.

However, this clause 13.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 13.2.

1.47

Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

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

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

IMPORT DUTY

1.48

If you order Products from our sites for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

1.49

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our sites, you accept that communication with us will be mainly electronic.

We will contact you by e-mail or provide you with information by posting notices on our websites.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to Toner Inc Ltd at Unit F4, Bluegate Park, Brentwood Essex, CM14 4JE, UK or email: rebox@toner-inc.co.uk

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above.  Notice will be deemed received and properly served immediately when posted on our websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

EVENTS OUTSIDE OUR CONTROL

1.50

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

1.51

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) the acts, decrees, legislation, regulations or restrictions of any government; and

(g) pandemic or epidemic.

1.52

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

1.53

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

1.54

A waiver by us of any default will not constitute a waiver of any subsequent default.

1.55

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.

SEVERABILITY

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

1.56

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

1.57

No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract.

1.58

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

1.59

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

1.60

Nothing in this clause limits or excludes any liability for fraud.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

1.61

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

1.62

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

THIRD PARTY RIGHTS

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.