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Terms

 
   Access & Use of Information

Access to Auriga (Europe) Plc’s e-commerce website (hereafter known as the ‘Site’) is only available to business customers (hereafter known as ‘Users’) who have existing credit accounts agreed with Auriga (Europe) Plc. Upon the User’s enrolment, Auriga (Europe) Plc will provide the User with access to certain web pages as determined solely by Auriga (Europe) Plc. The User’s access is limited to viewing such pre-authorised portions of the Site. Any attempt to access other areas of the Site or other information contained on the system is strictly prohibited.

User is prohibited from violating or attempting to violate the security of the Site, including without limitation, accessing data or functions not intended for the User, or logging into an account which the User is not authorised to access. All information and content on the Site is subject to change without notice.

Authorised Users
User is responsible for maintaining the confidentiality of User’s registration information and password, and for all uses of its registration information and password, whether or not authorised by the User. User agrees to immediately notify Auriga (Europe) Plc of any unauthorised use of User’s registration or password.

Orders
User may issue purchase orders through the Site for any products identified on the Site. User agrees that User’s placement of an order through the Site constitutes: (a) User’s offer to buy the products identified on the order; (b) User’s signature to such an order; (c) User’s consent to receive an electronic record of its purchase in lieu of a written record; (d) User’s acceptance of Auriga (Europe) Plc’s Terms and Conditions of Sale, as they relate to the User. All prices quoted on the Site are exclusive of UK Value Added Tax, which will be added at the prevailing rate when checkout is completed. Auriga (Europe) Plc will provide User with an electronic record of its purchase once an order is submitted, but no order shall be binding upon Auriga (Europe) Plc unless and until accepted by Auriga (Europe) Plc. Orders will be deemed accepted by Auriga (Europe) Plc when shipped.

Product Availability
Product availability is subject to change at any time prior to acceptance of the order by Auriga (Europe) Plc.

Backorders
If for any reason product is not available for shipment User will be notified by Auriga (Europe) Plc.

Credit
The acceptance of any order is subject to User’s credit and account status, as established by Auriga (Europe) Plc.

Title in goods
Title in the goods does not pass to User until payment is received in full by Auriga (Europe) Plc.

Delivery
Any delivery times stated are estimates only and Auriga (Europe) Plc shall not be liable for any consequences arising out of any delay. Upon delivery of the goods, User will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of User to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Auriga (Europe) Plc shall not be liable for discrepancies or damage evident on delivery where the User accepts delivery and signs the Proof of Delivery without amendment. Any shortages or damage to the goods must be notified to Auriga (Europe) Plc within 48 hours of receipt. Risk of loss, breakages and all other risks passes to the User when the goods are delivered.

Returns
Returns are only accepted in the case of faulty or defective product. To return faulty or defective product, User must contact Auriga (Europe) Plc within 14 days of delivery, with details of the fault or defect and request a Return Material Authorisation (RMA) number. Returns without an RMA number will not be accepted. Goods must be returned complete and with original packaging. If on inspection of the goods by Auriga (Europe) Plc, they are not found to be faulty or defective, a restocking fee of 20% will be charged.

Force Majeure
Neither party shall be liable for any failure to perform its obligations under this agreement where such failure results from any act of God or other cause beyond such party’s reasonable control (including, without limitation, any mechanical, electronic or communication failure which prevents such party from transmitting or receiving electronic data or documents).

Limitation of Damages
Auriga (Europe) Plc shall not be liable to User for any special, incidental, exemplary or consequential damages, even if User has been advised of the possibility of such damages.

Confidentiality
User shall keep confidential all information furnished by Auriga (Europe) Plc to User.

Copyright
All content included on the Site, such as text, graphics, logos, icons, software and other materials (collectively “Content”) are the property of Auriga (Europe) Plc and protected by international copyright laws. Except as expressly authorised by this agreement, User may not reproduce, modify, distribute, transmit, display or perform any or all of the Content.

Disclaimer
User acknowledges that the Site and all content and product posted on the Site are provided ‘as is’. Auriga (Europe) Plc disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose and non-infringement. Auriga (Europe) Plc does not warrant that the information and functions contained on the site will be reliable, complete, uninterrupted or error free, that defects will be corrected or that the Site or servers used in connection with the Site are free of viruses or other harmful components.

Termination
User’s access to and use of the Site may be terminated by either party at any time, with or without cause, by sending notice of termination to the other party. Auriga (Europe) Plc reserves the right to immediately and without notice suspend or terminate User’s access to, and use of the Site in the event of a breach by the
User.

Notices
All notices will be in writing and deemed sent on the date the notice is sent by electronic mail.

Miscellaneous
Neither party may assign, sublicense or otherwise transfer any of its rights or obligations under this agreement without the express prior written consent of the other party. All waivers must be in writing and signed by an authorised representative of the party waiving its rights. No additional or different terms shall be binding on Auriga (Europe) Plc unless specifically agreed to by Auriga (Europe) Plc in writing.