Terms & Conditions

1         Introduction

(a)      These terms and conditions (Terms) are between Daltec AI Limited, a company registered in England and Wales, with company registration number 06425742 (we, our or us) and you, being the person or entity placing an order for our goods and/or services (Products) through our website, over the phone or by email. If you are placing an order for Products on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

(b)     The Terms will commence on the date the order is accepted in accordance with these Terms and continue until we have complete the supply of the Products to you, as reasonably determined by us.

2         Accounts

(a)      If you are not a consumer (i.e. you are purchasing the Products in the course of your business) and wish to purchase our Products through our website, you must create a trade account on our website in order to purchase the Products from us.

(b)     You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.

(c)      It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

(d)     If you are a consumer, you may purchase the Products from us through our website without an account.

3         Orders

(a)      You may order Products from us through our website, over the phone or by email.

(b)     An order for the Products will be confirmed:

• where you place an order for the Products through our website – once you check out on our website;
• where you place an order for the Products by phone or email – once we send an order confirmation to you by email; or
• where you place an order for the Products by phone or email and where we agree that receipt of a purchase order from you will constitute you placing an order – where you issue a purchase order to us in accordance with these Terms.

(c)      If you place an order for Products on our website, you are making an order to purchase the Product(s) for the price listed on the website (including the delivery fees or other applicable charges and taxes). If you place an order for Products by phone or email, you are making an order to purchase the Product(s) for the price agreed by the Parties, and as confirmed in an order confirmation.

(d)     It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order. Once you submit an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(e)      When your order and payment method has been confirmed, we will provide you with an order confirmation email, which may include an order number, the delivery address and a description of what was ordered.

(f)       All purchases made with us for our Products are subject to availability. We do our best to keep Products in stock and to keep up to date with the availability of Products.

(g)      Where you issue us with a purchase order in respect of the Products, you acknowledge and agree that the purchase order must reflect the type and quantity of Products, and the Price, as discussed between the Parties. Any additional terms and conditions you include in any purchase order you issue to us will not be binding on the Parties, unless expressly agreed by us in writing.

4         Subscriptions

(a)      Some of our Products may come with the option to purchase a software subscription service, and by placing an order with us for the additional subscription services, you are agreeing to receive the relevant subscription Product from us on an ongoing basis. The details of your subscription (including your subscription tier and inclusions and your payment method) are as set out in your confirmation email received once the subscription service has been purchased by you.

(b)     There may be additional terms and conditions which apply to your purchase of a subscription Product, which you may be required to agree to prior to placing an order for a subscription Product.

(c)      There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.

5         Price and payments

(a)      For any orders of Products, you must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the website or as agreed by email or on the phone (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable). 

(b)     If you are a consumer, or where you are a business customer who does not have a credit facility in place with us, you must pay the Price upfront using one of the methods set out on the website or over the phone when placing your order with us.

(c)      If you are a business customer, you may be eligible (in our sole discretion) for a credit facility with us. If we agree to supply the Products to you under a credit facility, you agree to pay us for the Products in accordance with any applicable credit terms agreed between you and us. Where no credit terms have been agreed between the Parties, you agree to pay us for the Products within 30 days from the end of the month in which the invoice was received by you from us. 

(d)     Where you have a subscription with us, you will be charged the Price for your initial order when completing the initial transaction. Unless you suspend or cancel your subscription in accordance with these terms (or any other applicable terms), you will be charged the same Price each month on the date the initial order was made (the Billing Date).

(e)      We may need to change the Price for subscription Products from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these Terms.

(f)       You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(g)      The payment methods we offer for orders made through our website are set out on the website. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(h)     Duties and taxes: For deliveries outside the UK, you will be solely responsible for all applicable customs duties, import taxes, and any other fees imposed by the destination country. These charges are not included in the Price or shipping costs and must be paid directly by you to the relevant authorities upon request.

6         Supply of the Products

In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

7         Delivery, title and risk

(a)      We will deliver the Products to the delivery address you provide when making your order. If you wish to discuss delivery/collection options, feel free to contact us using our contact details above.

(b)     For any orders of Products, we shall use our reasonable endeavours to deliver the Products to you by the estimated delivery date we provide to you. Any delivery periods are estimates only, based on the information provided by the delivery company.

(c)      We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(d)     Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(e)      Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.

(f)       If you wish to collect the Products from our premises, risk of the Products will pass to you when you have the Products in your physical possession.

8         Cancellations

(a)      You agree that once an order has been agreed between the parties, you are not able to cancel the order.

(b)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order or if for any reason, we cannot supply the Products you order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your order if we are unable to fulfil your order.

(c)      In the event that we are unable to fulfil your order as originally agreed, using our absolute discretion, upon notification we may offer to:

(1)        cancel the order and provide you with a refund of any payments made; or

(2)        agree to modify the order, subject to both parties agreeing to the change which may include, but is not limited to, changes in quantities, product specifications or delivery timelines.

9         Returns (business customers)

(a)      Unless you are a consumer (as defined under the Consumer Rights Act 2015), you do not have the right to change your mind and will be unable to return the Products to us unless the Products you received are faulty. Where the Products are faulty, you will have 14 days after the day you (or someone you nominate) receive the faulty Products to return the Products to us, unless the Products are covered by a warranty, in which case the process of return or repair will be set out in the relevant warranty terms and conditions document. 

(b)     Tell us you want to cancel these Terms: If you believe the Products are faulty, you should complete the returns form on our website (https://dal-tec.com/returns-form/) to obtain a Return Authorisation Number (RAN). When returning the Products to us you will need to include the original invoice in the package and ensure that the RAN is clearly marked on the outside of the package containing the Products you are returning to us.

10      Returns (consumers)

(a)      We offer refunds of Products for change of mind if you are a consumer, in accordance with this clause 9.

(b)     If the Products are a one-off purchase, you have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.

(c)      If you are a consumer and you have a subscription with us, you have until 14 days after the day you receive (or someone you nominate receives) access to the Products to change your mind and cancel these Terms.

(d)     When you don’t have the right to change your mind: You do not have a right to change your mind in respect of:

(1)        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(2)        products you have damaged, or that are no longer in their original condition (including where you have cut tags off or removed packaging);

(3)        sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

(4)        any Products which become mixed inseparably with other items after their delivery.

(e)      Tell us you want to cancel these Terms: If you wish to exercise your rights under this clause 9 to request a return, you should complete the returns form on our website (https://dal-tec.com/returns-form/) to obtain a Return Authorisation Number (RAN).

(f)       Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us. If you are exercising your right to change your mind under clause 9 you must send the Products back to us within 14 days of telling us you wish to cancel these Terms. When returning the Products to us you will need to include the original invoice in the package and ensure that the RAN is clearly marked on the outside of the package containing the Products you are returning to us.

(g)      Costs of return: You must cover the costs of returning the Products to us, except in the following circumstances, where we will pay the costs of return:

(1)        if the Products are faulty or misdescribed; or

(2)        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.

(h)     Deductions from refunds if you are exercising your right to change your mind: If you are a consumer exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(i)       When your refund will be made: We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind under clause 9 and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

11      Limitations on and exclusions to our liability

(a)      The restrictions on liability in this clause 11 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(b)     Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(1)        death or personal injury caused by negligence;

(2)        fraud or fraudulent misrepresentation;

(3)        breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(4)        defective products under the Consumer Protection Act 1987.

(c)      Subject to clause 11(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1)        except where you are a consumer, neither Party will be liable for any Consequential Loss. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; or

(2)        where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(3)        a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss;

(4)        without limiting any right you may have as a consumer to cancel these Terms under clause 8, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic; and

(5)        except where you are a consumer, our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Products to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Products to which the Liability relates.

(d)     We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 6. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

12      Intellectual property

(a)      All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the website, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b)     We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.

(c)      You must not, without our prior written consent:

(1)        copy (in whole or in part) any of Our Intellectual Property;

(2)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3)        breach any intellectual property rights connected with the our website or the products.

(d)     Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1)        you do not assert that you are the owner of Our Intellectual Property;

(2)        unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3)        you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4)        you comply with all other terms of these Terms.

13      General

(a)      Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(b)     If:

(1)        you are a consumer, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause); or

(2)        you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(c)      Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(d)     Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(e)      Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(f)       Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(g)      Amendment: We may change these terms and conditions at any time by posting a new version on our website and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.

(h)     Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The website may be accessed in the UK and overseas. We make no representation that the website complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the website from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the website.

(i)       Manufacturer Warranty: Some Products will come with a 1-year manufacturer’s warranty, where indicated on our website or as otherwise communicated to you in writing.  

(j)       Daltec Product Warranty: We may offer a product warranty for some Products, where indicated on our website or as otherwise communicated to you in writing. For further information on making a claim under a Daltec Product Warranty, please refer to the relevant warranty terms.  

(k)      Third party sites: The website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the website, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the website (Affiliate Link) or for featuring certain products or services on the website. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the website, or which (if any) third party links are Affiliate Links.

Last update: 25 September 2024