This page contains the Conditions of Use of this website along with our general Terms and Conditions of Sale. Please click here to view our Privacy Policy.
Introduction
This website is owned and operated by Baler Options Ltd (‘Baler Options’, ‘we’ or ‘us’).
We draw your particular attention to the clauses headed “Applicability of Online Materials” and “Liability”.
By using or accessing our website, you agree to be legally bound by these Conditions of Use as they apply to your use of or access to our website whether or not you register with us.
If you do not wish to be bound by these Conditions of Use then you may not use our website.
We may alter these Conditions of Use from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Conditions of Use on our website regularly.
Nature of our website
Our website is a place for you to select and order the products/services offered by Baler Options Ltd (the ‘Products’). Our website describes the Products in more detail.
These Conditions of Use are intended only for business customers. If you are a consumer or sole trader purchasing as such, as opposed to a business customer, please contact us at sales@baleroptions.co.ukor telephone us on 0845 458 2119.
Buying products on our website
To order a product you will need to follow the ordering procedures set out on our order page.
All orders are accepted by us strictly on the basis that our Terms and Conditions of Sale apply to any order accepted or sale made by us to the exclusion of any other terms and conditions. We regret that we cannot accept any orders other than on this basis.
If for any reason you are unable to view our Terms and Conditions of Sale below, please contact us on sales@baleroptions.co.uk or telephone us on 0845 458 2119. In the event of any inconsistencies between these Conditions of Use and the Terms and Conditions of Sale, the latter will prevail.
Details of the prices of the Products, and the procedures for payment and delivery are displayed on our website.
The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see the paragraph below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
Orders that are placed on this website are subject to acceptance by us. We will check matters such as stock availability, your account details and credit card details, if appropriate. We reserve the right to cancel or to refuse any order placed by you. If we are unable to accept your order, we will notify you using the details you provided upon ordering.
We reserve the right to alter the design, specification or price of any Product featured on the website without prior notice. We will endeavour to update the website as soon as possible after any such change is made. However, there may be circumstances where you place an order before we are able to make the change.
If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’).
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details.
Shipping and returns
Carriage charges apply to all deliveries and are included in the listed product prices.
We shall accept the return of products within 14 days, by mutual agreement. If:
(a) the Product delivered is not what you ordered (including any Substitute Products); or
(b) the Product delivered is not of a satisfactory quality;
we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
If you have any complaints, you should direct them to us via email at info@baleroptions.co.ukor by post at Baler Options Ltd., Unit D2, Motorway Link Industrial Estate, Alfreton, Derbyshire, DE55 7RA.
Risk and title
Risk in the Products passes to you on delivery in accordance with our Terms and Conditions of Sale. Title in Products passes to you on payment in full by you to us of the price of the Products ordered.
Modifications to website
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new Products shall be subject to these Conditions of Use.
Information you provide
The following applies to any information you provide to us, for example during any registration or ordering process:
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
(b) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
By accepting these Conditions of Use, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly.
In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):
(a) you must own or have the right to submit Content for publication on our website;
(b) you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
(c) we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
Applicability of online materials
Unless otherwise specified the materials published on our website are presented solely for your private, personal and non-commercial use.
Our website is controlled and operated by us. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the fullest extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with English law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside of England and Wales. As such, our products are only offered for delivery to locations within Great Britain.
Copyright and monitoring
The contents of our website are protected by proprietary and intellectual property rights including (but not limited to) international copyright laws. The owner of these rights is Baler Options Ltd or its (or their) other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us. Otherwise, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited by us to do so.
Linked sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Availability of our website
We will endeavour to make our website available 24 hours a day but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability including, but not limited to, times where operation is suspended for maintenance purpose, although we will endeavour to keep these to a minimum. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Liability
Our sole liability in respect of any defect in, or failure of, any Product(s) and/or services supplied or for any shortage in quantity of Product(s) delivered or for any loss injury damage attributable directly or indirectly thereto (other than in respect of death or personal injury caused by our negligence) is limited to, at our option:-
(a) making good such Product(s) by replacement or repairing the Services; or
(b) repairing defects or failures which under proper use appear therein.
In addition we must be reasonably satisfied that such defects or failure arose solely from the faulty design of the Product(s), defective materials used or workmanship. No liability shall attach to us unless we are notified promptly in writing of the alleged defect, failure or shortage and if we shall so require the defective Product(s) or part thereof are promptly returned to us carriage paid.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an ‘as is’ basis.
In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or that of our servants, agents or any other person. This exclusion does not apply to any liability we may have for death or personal injury resulting from our negligence.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses, worms and/or other code that is harmful or which has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
General
We may assign, novate or subcontract any or all of our rights and obligations under these Conditions of Use at any time.
These Conditions of Use together with the Privacy Policy and Terms and Conditions of Sale, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Conditions of Use, privacy policy, order form and payment method instructions.
If any provision or term of these Conditions of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other provisions or terms of these Conditions of Use and shall be deemed to be deleted from them.
These Conditions of Use and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts.
Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
Notices
All notices shall be given:
(a) to us via email at sales@baleroptions.co.uk; or
(b) to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Replacement
Other than our Terms and Conditions of Sale, these Conditions of Use replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.
1. Acceptance of Orders
(1) The Company contracts for the supply of Goods and/or services only subject to these Conditions. All terms and conditions in the Customer’s order or enquiries inconsistent with these Conditions shall be of no effect.
(2) The placing of an order following a quotation given by the Company shall not be binding on the Company unless and until accepted by the Company in writing.
(3) The terms contained herein shall constitute the entire agreement between the Company and the customer. Any modification to these Conditions will be binding only if it is evidenced in writing signed by a director of the Company on behalf of the Company and such evidence contains a specific reference to these Conditions being modified.
(4) In no circumstances shall the Customer cancel a contract to which these Conditions apply without the Company’s written agreement. If such agreement is given the Customer will indemnify the Company on demand against all losses (including loss of profit) suffered by the Company arising out of such cancellation.
(5) No contract governed by these Conditions shall be a sale by sample unless the Company expressly agrees in writing.
(6) All specifications, illustrations, drawings and diagrams in the Company’s catalogue, trade literature, website and other published matter are of a generally informative nature and approximate only and none of these form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of the Company and, without prejudice to the generality of the foregoing, the Company shall be under no liability whatsoever for inaccuracies in dimensions or measurements quoted or made by it.
2. Estimates and Prices
(1) Unless otherwise stated by the Company in writing, the prices estimated or quoted by the Company are inclusive of basic packaging but are exclusive of freight and insurance charges, charges for delivery, VAT and other applicable taxes, duties or levies of any kind whatsoever, all of which are payable in addition by the Customer. The costs of any special packaging required by the Customer shall be payable by the Customer.
(2) Unless otherwise stated by the Company in writing, prices quoted are applicable only to the specific order in respect of which such prices are estimated or quoted and are subject to change in respect of orders made thereafter.
3. Price Variation
Prices are based on, inter alia, the cost of materials, labour, transport, import duties and levies, currency exchange rates and statutory obligations ruling at the date of the Company’s acceptance of the Customer’s order. If before delivery there occurs any increase howsoever arising in the costs to the Company of supplying the Goods, including (without limitation) any of the above matters, the Company shall be entitled to adjust the price for the Goods by a reasonable amount to take account of such increases.
4. Payment
(1) Subject to Condition 5(1) payment shall be made nett within 30 days of the date of the invoice relating to the Goods and the time of payment shall be of the essence of any contract to which these Conditions apply.
(2) The customer shall not be entitled to make any deduction from any payment due to the Company in respect of any set-off or counter-claim unless both the validity and the amount thereof have been expressly admitted in writing by the Company.
(3) Without prejudice to any other rights, failure to pay the price or part thereof or other moneys payable by the Customer will also entitle the Company at the Company ’s sole discretion either to refuse to make delivery of any further consignment of any Goods agreed to be supplied or to cancel any contract to which these Conditions apply either in whole or in part by notice in writing to the Customer and without incurring any liability to the Customer for any loss caused by such delay or cancellation.
(5) If the payment of the price or any part thereof and of all other sums payable by the Customer is not made on the due date the Company, without prejudice to its other rights hereunder, shall be entitled to charge in addition to any moneys due hereunder interest on the outstanding amount at the rate of 2 per cent per month or part thereof calculated on a daily basis until payment is made.
5. Transfer of Property
(1) The Goods shall remain the sole and absolute property of the Company as legal and beneficial owner and the Company reserves the right to dispose of the Goods until such time as payment in full for all the Goods the subject of a contract to which these Conditions apply together with the full price of any other Goods the subject of any other contract with the Company has been received by the Company or until such time as the Customer sells the Goods (in accordance with sub-paragraph (3) hereof) to its customers by way of bona fide sale at full market value, whichever shall first occur. If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or resell the Goods or any of them and may enter upon the Customer’s premises or such other premises where they are or where they are reasonably thought to be stored for the purpose of repossessing the same. Such payment shall become due immediately upon the commencement of any act or proceedings in which the Customer’s insolvency is involved.
(2) Until such time as the Customer becomes the owner of the Goods, the Customer will store them and will procure that they are stored separately from its own Goods or those of any other person and in a manner which makes them readily identifiable as the Company’s Goods.
(3) Subject to the terms hereof, the Customer is licensed by the Company to agree to sell and to sell on the Goods or any of them subject to the express condition that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies, or paid into any overdrawn bank account, and shall be at all times identifiable as the Company’s monies.
(4) The Company may maintain an action for the price of the Goods notwithstanding the property in them may not have passed to the Customer.
(5) So long as the property in the Goods remain in the Company the Customer shall notify the Company of any circumstances that might give rise to the taking (whether lawful or otherwise) of the Goods or of the actual or attempted taking thereof.
(6) If the Company enforces any of its rights under this Condition and if the proceeds received by it as a result of such enforcement exceeds an amount equal to the sum of all debts owed by the Customer to the Company and all costs and expenses incurred or suffered by the Company in enforcing such rights or realising the proceeds then the Company will account to the Customer out of any excess.
6. Risk and Insurance
(1) Subject as hereinafter provided the Goods are at the Customer’s risk (and the Customer shall be under a duty to insure the Goods to their full value) from the occurrence of the first point in time of any of the following events:-
(a) The passing of property to the Customer as provided for in Condition 5 of these Conditions;
(b) The physical delivery of the Goods at the Company’s premises to the Customer’s independent carrier for the purpose of transmission to the Customer or his nominee; or
(c) The physical delivery of the Goods to the Customer’s place-of-business by the Company.
(2) The Company will be under no obligation to effect insurance of the Goods where the risk has passed to the Customer.
(3) Whilst the Goods are in the possession of the Customer and before property in the Goods has passed to the Customer, the Customer shall keep the Goods in the same condition as that in which they were delivered and shall make good any damage or deterioration.
7. Delivery
(1) Time of delivery shall not be of the essence. Orders will be delivered as soon as reasonably practicable and the Company reserves the right to deliver by instalments in such quantities as the Company thinks fit.
(2) The Company shall endeavour to inform the Customer (or its nominated agent) as soon as the Goods are ready for collection or delivery.
(3) Where delivery of the Goods is made in instalments each instalment shall be construed as constituting a separate contract to which all the provisions of these Conditions shall (with any necessary alterations) apply.
(4) In the event of any failure to make delivery or delay in delivery the Customer shall have no claim whatsoever against the Company for any indirect or consequential loss or damage of any kind.
(5) Without prejudice to any rights of the Company hereunder, if the Customer shall fail to give on or before the time the Company is ready to deliver the Goods all instructions reasonably required by the Company and all necessary documents, licences, consents, and authorities for forwarding the Goods or shall otherwise cause or request delay, the Customer shall pay to the Company all storage and other costs of whatever nature incurred or arising from such delay.
(6) Unless otherwise stated in writing by the Company deviations in quantity of Goods delivered from those stated in any contract to which these Conditions apply shall not give rise to a right to reject on the part of the Customer and the Customer shall have no right to claim for damages for breach of contract but the Customer will only be obliged to pay at the contract rate for the quantity of the Goods delivered but only to the extent that the deviation in the quantity of Goods delivered is not more than 10 per cent (plus or minus) of the quantity of Goods stated in the contract to which these Conditions apply.
8. Limitation of Liability
(1) The sole liability of the Company in respect of any defect in or failure of any Goods or services supplied or for any shortage in quantity of Goods delivered or for any loss, injury or damage attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to:
(a) making good by replacement;
(b) or (at the option of the Company) repairing defects or failures which under proper use appear herein.
In addition the Company must be reasonably satisfied that such defects or failure arose solely from the faulty design of the Goods, defective materials used or workmanship provided however that no liability shall attach to the Company unless it is notified promptly in writing of the alleged defect, failure or shortage and if the Company shall so require the defective Goods or part thereof are promptly returned to the Company carriage paid.
(2) If without the prior consent of the Company repairs or alterations are made to the Goods the Company shall be under no liability in respect of the Goods and no allowance shall be made for any repairs or alterations so made.
(3) All, if any, statements, recommendations, measurements, dimensions and advice given or made (whether before or after any contract to which these Conditions apply) by the Company or the Company’s servants or agents to the Customer or its servants or agents as to any matter relating to the Goods are given without any liability whatsoever on the part of the Company and the Company hereby represents and warrants to the Customer that no representation has been made to the Company by or on behalf of the Customer before entering into any contract to which these Conditions apply and that no representation made to the Company by or on behalf of the Customer before entering into such contract has in any way induced the Company to enter into such contract and the Customer makes and gives the like representations and warranties to the Company as it makes and gives to the Customer as above.
(4) Except as provided in sub-paragraphs (1) and (2) above all representations, guarantees, undertakings, conditions or warranties, expressed or implied, statutory or otherwise in relation to the Goods are hereby expressly excluded PROVIDED ALWAYS that in the event of a consumer sale none of the statutory rights of the Customer are excluded by the Conditions and the statutory rights of the purchaser in the case of a consumer sale shall remain in full force and effect.
(5) Without prejudice to the foregoing, the Company shall in no circumstances be liable:-
(a) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the Customer or others;
(b) for any loss or damage in excess of the contract price for the Goods or part thereof in respect of which a claim is made.
9. Indemnity
The Customer shall comply with all instructions of the Company in relation to the sue of the Goods, and notwithstanding such compliance but subject to Condition 8 the Customer shall keep the Company fully and effectually indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature (other than in respect of death or personal injury), including without prejudice to the generality of the foregoing claims for damage to property and consequential loss (including loss of profit) which may be made against the Company or which the Company may sustain, pay or incur arising out of or in connection with the sale, fitting, installation or use of the Goods.
10. Force Majeure
If the Company is prevented from fulfilling any order within a reasonable time by reason of force majeure or any cause beyond its reasonable control including without prejudice to the generality of the foregoing war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident, technical problems with transportation, natural disaster, storm, flood, fire, earthquake, delay in delivery to the Company of any Goods or materials or interruption of transport it shall be under no liability to the Customer and shall be entitled at its option (to be notified to the Customer in writing) either to cancel any contract to which these Conditions apply or without any liability to extend the time or times for delivery or otherwise performing such contract by a period at least equivalent to that during which such delivery or performance has been prevented by any of the restrictions hereinbefore referred to.
11. Default and Customers Insolvency
If there is any default in or breach of any of the Customer’s obligations hereunder or in any payments due under any contract of sale to which these conditions apply or if any distress, execution or other legal process is levied upon the Customer’s property or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order is presented or made against the Customer or if any resolution or petition to wind it up shall be passed or presented or a receiver of all or any of its assets shall be appointed then (without prejudice to other remedies) in any such case the Company may determine such contract or cancel any outstanding delivery or stop any products in transit and notwithstanding any other provisions, payment in respect of any delivery already made shall be immediately due.
12. Return of Goods
Without prejudice to any of the provisions of these Conditions and without imposing any obligation (legal or otherwise) on the Company so to do, if the Company, in its absolute and unlettered discretion, is prepared to permit the Customer to return Goods, a handling charge of 20 per cent (or such other percentage as may prevail from time to time) of the net price in respect of such Goods shall be payable upon the return of such Goods.
13. Remedies
Termination of any contract to which these Conditions apply for whatever cause shall not affect the rights or remedies of either party in respect of any antecedent breach or in respect of any sum of money owing or to become owing by the other.
14. Assignment
The Customer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any person whatsoever.
15. Law
Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of England.
16. Headings
The headings and punctuation shall not affect the meaning, interpretation or construction of these Conditions.
17. Consumer Sales
Nothing in these Conditions affects the statutory rights of any person dealing with the Company as a consume
