
Copyright © 2011 Dreams Realised Limited. Privacy Policy Disclaimer Terms & Conditions website by Dreams Realised
Dreams Realised is a trading name of Dreams Realised Limited. Registered in England no. 7221855
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DEFINITIONS AND EFFECT OF CONDITIONS:
a) The company means Dreams Realised Limited.
b)
These conditions shall apply to and be incorporated into every agreement between
the company and any person, firm or company (“the customer”) under which the company
supplies goods or services at the request of the customer.
c) These conditions shall
take precedence over any conditions of the customer and shall not be varied without
the written consent of a Director of the company.
d) References to “goods” includes
the supply of any services to be supplied by the company to the customer.
e) “Agreement”
means the agreement between the company and the customer for the sale of goods and/or
the supply of services.
f) Nothing in these conditions will affect any of the customers.
statutory rights as a consumer under the “Sale of Goods Act 1979” ( as amended at
any time) or any other applicable legislation and to the extent that the customer
enters into the agreement as a consumer it will be a consumer contract under these
conditions.
2. DELIVERY
a) Any delivery dates quoted whether verbally or otherwise
are estimates only and in regard to any such date time shall not be of the essence.
b)
Delivery of the goods to the customer's address or any other place stipulated by
them shall constitute delivery and the risk therein shall pass upon such delivery
to the customer.
c) The company shall be entitled to make partial deliveries by instalments
and these conditions shall apply to each partial delivery.
d) The company shall not
be held responsible for delays caused by data carriers or telephone companies, nor
for delays caused by the customer or the management of the customer's premises, nor
for other factors outside of the company's control. Order processing will commence
and delivery time will be reckoned from the date of receipt of initial payment from
the customer.
3. FRUSTRATION etc (Force Majeure)
The company will not be deemed to
be in breach of any of its obligations under the agreement or otherwise be liable
to the customer due to any delay in performing or any failure to perform any such
obligations by reason of any cause or event beyond the company's control (including
without limitation breakdown of plant machinery, strike or industrial dispute, shortage
of materials or failure of or delay in receiving supplies, act of war (whether declared
or not), Act of God, inclement weather, fire, or any law regulation of any government
or any local or municipal authority, any failure or delay in providing any or defect
in or fault relating to any telephone line or lease-line or other work supplied or
to be supplied by any third party in connection with the agreement. If any such events
continues for more than 28 days the company may terminate the agreement forthwith
by written notice to the customer without prejudice to the accrued rights of either
party.
4. PRICE
a) Unless otherwise stated any prices quoted by the company or payable
to the company under the agreement are:
i. Exclusive of value added tax and any other
taxes
ii. Exclusive of carriage, packing and insurance
iii. pounds sterling.
b) Prices
are those prevailing at the time the order form was signed or as otherwise provided
in the agreement.
c) Where agreed call offs are not adhered to by the Buyer, the company
reserves the right to amend the price structure in accordance with the quantities
delivered.
d) Prices quoted for any off-shore services with be translated at the exchange
rate at the time as given by HSBC Bank PLC and 2% added for administration of exchange.
5.
PAYMENT
a) All payments will be made in advance of receiving services, or where any
credit is issued, will be settled by terms stated on the invoice. If any services
are to be paid for monthly, the customer must complete for the duration of the agreement
a direct debit or standing order form in the companies favour in respect of those
payments.
b) The company may suspend the provision of any of the services without
notice if any sum payable by the customer is relation to the agreement is not paid
on the due date for payment except to the extent that in the case of a consumer contract
that results from the customer lawfully offsetting against that sum an amount equal
to any sum owed by the company to the customer for any breach of the agreement or
the customer persists in using the service other than in accordance with the agreement
after notice from that company requiring them to comply with acceptable use policies
(which are available on the Internet) or the customer fails to perform any of its
obligations under the agreement. This will not relieve the customer of the obligation
to pay the agreed amount for the entire period of service or any other obligation
to the company.
c) Where payment of any sum payable under the agreement which is not
paid by the customer by the due date the customer shall pay interest on any unpaid
amounts calculated at 3% above HSBC Bank plc's base rate for the time being in force
and on a daily basis.
d) No cash or other discount is allowed unless agreed in writing.
e)
If the company is able to deliver some of the items/service subject of the agreement
but unable to deliver all the items/service due to causes beyond its control (including
but not limited to the examples referred to in condition 3 hereof ) the customer
shall pay for such items/services as delivered.
6. TELEPHONED ORDERS
The customer agrees
to send to the company a written order in confirmation of any telephoned orders duly
marked with any confirmation reference given by the company otherwise the company
cannot accept liability for any duplication of delivery that may occur.
7. TITLE OF
GOODS
a) Immediately upon delivery to the customer of any goods agreed to be sold
by the company to the customer, the customer shall become the bailee thereof and
the legal title thereto shall be retained by the company as bailor. Notwithstanding
the delivery and the passing of risk, the legal beneficial ownership of the goods
will remain with the company until the company has received payment in full of:
i.
all sums payable to the company in relation to the agreement, and
ii. all other sums
payable by the customer to the company, when the sums referred to in (i.) are paid,
in respect of the supply of any other goods or service.
b) Notwithstanding the terms
of (a.) above the customer shall be entitled before discharging its obligation to
the company to resell the goods or any of them. Upon such re-sale and without derogating
from the company's other remedies (including its right to trace) the customer shall
hold the proceeds of sale upon trust in a separate account first for the company
for an amount equivalent to all sums owed by the customer to the company in relation
to the agreement (and all other monies payable by the customer to the company, when
those sums are paid, for the supply of any other goods or services). The customer
will pay that amount forthwith to the company and will hold any balance in trust
for the customer.
c) Title of goods supplied under a rental arrangement remains with
the company. The customer must make adequate insurance arrangements to cover such
goods for loss or damage howsoever caused. Such goods must be surrendered to the
company immediately upon termination of contract.
8. DRAWINGS
All drawings, descriptive
weights, dimensions and the descriptions and illustrations contained in the sales
literature and price lists are approximate only and do not form part of this Agreement.
In addition, drawings or other technical documents issued either before or after
the conclusion of the agreement for the use or information of the customer and such
other information of the customer and as may be supplied to the customer, including
specifications shall not be copied, reproduced or communicated to any third party
without the company's prior written consent.
9. LOSS OR DAMAGE IN TRANSIT
a) The company
will not be responsible for damage to any of the goods or loss of the goods or part
thereof in transit unless the customer gives written notice of a claim to the company
and to the carrier.
i. in the case of damage within 3 days after having received the
goods and
ii. in the case of loss or shortage within 3 days of the date of delivery
of the goods under the relevant consignment.
b) The customer will be asked to sign
a copy of the company's carriers delivery manifest as acknowledgement of receipt
of goods. The customer should inspect the goods carefully, as an unqualified signature
shall be deemed to signify the customer's acceptance that the goods are in good condition.
10.
GUARANTEE
a) If within 12 calendar months of there being delivered any defect in the
goods is discovered which is directly due to faulty materials or workmanship, or
if a valid claim is made by the customer under Condition 9 (a) (i) hereof, the company
will at its option remedy the defect or damage by replacement or repair or give credit
to the customer.
b) The guarantee will be subject to the following conditions:
i. it
will not apply to any defect or damage resulting from any alteration or modification
to the goods without the company's prior written consent, incorrect storage, normal
wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation
by anyone other than the company, maintenance or repair not carried out by the company,
use which is not in accordance with the company's or the manufacturer's instructions,
any act or omission of the customer or any third party or any fault in any other
goods or equipment.
ii. the customer must complete and return the company's Returns
Authorisation form in relation to any such defect or damage. If it appears to the
company from the information in the completed form that such defect or damage is
covered by the guarantee, a Returns Authorisation number (RA Number) will be issued
confirming that the goods concerned may be returned subject to verification by the
company, after inspection of the goods. RMA numbers are valid for 28 days from the
date of issue, and if the goods are not returned during that period, a new RMA number
must be requested.
iii. allegedly defect or damaged goods must be returned to the
company carriage paid at its address stated overleaf, with their original packing
and, where applicable, all related manuals and accessories as well as a copy of the
completed Returns Authorisation form and a valid RMA number, clearly marked on the
outside of the packaging. If any are without a valid RMA number, delivery will be
refused. Reasonable carriage costs of returning by road or rail defective goods covered
by the warranty under a consumer contract will be reimbursed.
iv. if the customer
makes any claim in relation to any goods failing outside the terms of the guarantee
the company may charge the customer for inspection an No Fault Found charges in accordance
with the charges set out on the company's Returns Authorisation form which is available
on request. The customer must collect any returned goods within 5 days of notification
that they are not covered by the guarantee or on written instructions from the customer
the company will dispose of the goods. Failure to do so will result in the customer
having to pay storage charges of £2.00 plus VAT per unit for each day or part of
a day from the end of that period until collection.
v. the guarantee will apply to
goods replaced or repaired under the guarantee for the balance of the original guarantee
period
vi. unless the company otherwise decides, credit will only be given if the
customer notifies the company of the alleged defect or damage within 3 days of the
customer's receipt of the goods.
11. EXCLUSION OF LIABILITY
a) Except where provided
otherwise in these conditions, the company shall be under no liability of whatsoever
kind however caused, whether or not due to negligence or wilful default of the company
or its servants or agents arising out of or in connection with the goods or service.
All conditions, warranties or other terms, whether express or implied, statutory
or otherwise, except with regard to the company's title to the goods are hereby expressly
excluded providing that nothing in this paragraph shall exclude or restrict any liability
of the company for death or personal injury resulting from the negligence of the
company or its servants or agents, and this sub paragraph (a) will not apply to a
consumer contract.
b) In any event, the company liability shall be limited to direct
loss and shall not include indirect or consequential loss.
c) The company shall not
be liable for the loss or damage to software programmes during the repair or upgrade
of any goods, whether or not the same are under warranty.
d) Given the nature of the
Internet, it is impossible to guarantee the bandwidth available between the company's
customer and another site elsewhere on the Internet. This depends upon the bandwidth
at the other site and the bandwidth available on the various circuits over which
traffic between the customer and other site passes.
e) It is impossible to guarantee
connectivity to any particular part of the global Internet at any time, but the company
will endeavour to increase internal connectivity and continuously improve network
resilience and connectivity.
f) The company is not responsible for the security of
customers equipment connected to the Internet, nor for any direct or indirect damage
caused by or through connections to the Internet.
g) The company's services may not
be used for criminal or other illegal purposes, nor for any purpose, which violates
established practice or protocol on the Internet, nor for the purposes, which make
unacceptable use of the network resources. All of the following are considered unacceptable:
the transmission of computer viruses, forgery of addresses or other fields in IP
packets: unauthorised access to the network management equipment of the company's
or other Internet providers: unauthorised transmission of copyrighted material; mail
bombing; mass mailing of unsolicited advertising material (SPAM); Any causes of such
activity being investigated by the legal authorities will be directed to the customer,
and will not be entered to by the company.
h) The customer shall be responsible for
insuring any of its equipment stored at the company's premises against any and all
risks (including but not limited to fire, theft and flood) and for obtaining such
other insurance cover as the customer in its sole discretion may consider appropriate.
12.
RETURNED GOODS AND CANCELLATIONS
The customer shall not return any goods (except in
accordance with Condition 10) or cancel any orders without the company's previous
written consent. Such consent will not be given where goods have been specifically
purchased by the company to meet the customer's requirements. If the company in its
discretion gives consent, it reserves the right to make a cancellation charge of
25% (or such higher percentage as may be notified to the customer before or when
such consent is given by the company) of the contract price of the goods plus VAT.
13.
COPYRIGHT, PATENTS, TRADE MARKS AND INTELLECTUAL PROPERTY RIGHTS
a) The customer acknowledges
that rights in respect of trade marks, trade names, copyrights, patents and other
intellectual property rights connected with the goods do not pass to the customer.
b)
The customer agrees to indemnify the company against all liabilities, costs and expenses
which the company may incur as a result of work done in accordance with the customer's
specifications which involve infringement of any patent or other proprietary right.
14.
SUBCONTRACTING
The company reserves the right to sub-contract any part of any work
or supply of any goods or services. The customer cannot sub let space without prior
written consent.
15. CONSTRUCTION AND USE
The company shall not be responsible for
adapting or modifying any goods/services to conform to statutory requirements not
current at the time when the agreement is entered into.
16. HEADINGS
The headings of
these conditions are for convenience only and shall have no effect on the interpretation
thereof.
17. TERMINATION
a) The company shall be entitled by notice in writing to terminate
the agreement without prejudice to any claim or right the company may otherwise make
or exercise where
i. the customer is in breach of any term, condition or provision
of the agreement or required by law.
ii. the customer shall go into liquidation (except
for the purpose of reconstruction) or if any petition or resolution to wind up the
customer shall be presented or if a receiver is appointed of the customer's undertake
property of assets or if a distress shall be levied upon any of the customer's property,
or if the customer shall commit any act of bankruptcy.
18. JURISDICTION
The agreement
shall be governed by and construed in accordance with English law and the Courts
of England shall have jurisdiction to hear all disputes arising in connection with
the agreement.
19. GENERAL
a) This agreement cannot be assigned in whole or in part
by the customer to a third party but the company may assign all or any of its rights
or obligations in relation to this agreement. None of these conditions can be varied
without the company's written consent. The company order form signed by the customer
and these terms and conditions form the entire agreement between the company and
the customer.
b) The provisions of the agreement are severable, and if any provision
or part of it is held to be invalid or unenforceable by any court or other body of
competent jurisdiction that will not affect the other provisions or the remainder
of the relevant provision.
20. SET OFF
The company shall be entitled but not obliged
at any time to set off any sum payable by or any liability of the customer to the
company against any sum payable by or liability of the company to the customer (in
either case whether arising under the contract for the supply of the goods or otherwise
howsoever and whether any such liability is present or future, liquidated or unliquidated
and irrespective of the currency or its denomination) and may for such purpose convert
or exchange any currency. Any exercise by the company of this right will be without
prejudice to its other rights under the contract relating to the supply of the goods.