Terms and Conditions

Last updated: 08/10/19

Terms & Conditions of Product Sale

These are the Conditions on which we shall supply Products to you. Please read these terms carefully before you place an Order with us.

We reserve the right to make changes to these Conditions which shall take effect when posted on our Website or printed in our Catalogue or made available to you by email or in writing. You are responsible for regularly checking these Conditions and the date of last update. Unless you have notified us in writing that you do not accept the changes, by continuing to place an Order you will be deemed to have accepted any changes to the Conditions.

1. Interpretation

1.1         In these Conditions the following words shall have the meanings set out below:

“Branded Products” means Products bearing the Scarab beacon brand or any other brand Fretho Ltd own and use from time to time.

“Catalogue” means the latest issue of the Scarab Beacon Product Catalogue.

“Conditions” means the standard terms and conditions of supply of Products set out in this page.

“Contract” means a legally binding contract for the sale and supply of Products and made in accordance with these Conditions.

“Order” means an order placed by you either via our Website, by telephone, fax or email for the purchase of Products.

“Price” means the price of the Products as displayed on our Website, advised to you or as displayed in our Catalogue.

“Products” means the products described in the Order.

“Website” means the website operated by Scarab Beacon or such other website address operated by Fretho Ltd from time to time.

“Working Day” means any day other than a Saturday and Sunday or bank and public holidays in England.

1.2         When we use the words “writing” or “written” in these terms, this includes emails but excludes live chat and any social media content.

1.3         In some areas you will have different rights under these Conditions depending on whether you are a business or consumer. You are a consumer if:

(a) you are an individual; and

(b) you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1         Scarab Beacon is a trading name of Fretho Ltd and the expressions, “Scarab Beacon” “we” and “us” and “our” and “the Company” means Fretho Ltd trading as Scarab Beacon. We are a company registered in England and Wales with registered number 08960939 and have our registered office at Appleton House 25 Rectory Road, West Bridgford, Nottingham, United Kingdom, NG2 6BE. Our registered VAT number is GB 183156406.

2.2         You can contact us by telephoning our customer service team at +44 (0) 1159 876700 or by writing to us at sales@scarabbeacon.com

2.3         If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with your Order.

1. OUR CONTRACT WITH YOU

3.1         All Orders for Products supplied by us are subject to these Conditions and the placing of an Order by you will constitute acceptance of these Conditions. Our acceptance of your Order will take place either: (i) when we email you to confirm delivery of your Order; or (ii) by providing you with the Products for purchases made; or (iii) in the case of bespoke Products, when we confirm acceptance of your Order (whether verbally or in writing), at which point a Contract will come into existence between you and us.

3.2         If we are unable to accept your Order for any reason, we will inform you of this and will not charge you for the Products.

3.3         We only accept orders via our Website from addresses in the UK and specified countries outside of the UK.

3.4         We only supply Products for purchase by credit card or debit card. By making a payment you confirm that you are authorised to do so by the card holder or account holder.

1. TRADE CREDIT ACCOUNTS

4.1         If you wish to re-sell our products and you require a trade credit account, we will ask you to complete and sign an application for trade credit account form (“Account Application Form”). Until an Account Application Form has been received and a trade credit account approved (in writing) by us, Orders will not be accepted onto the trade credit account until cleared funds have been received. We will treat having received payment by credit card as us having received cleared funds. We reserve the right, in our absolute discretion, to grant, refuse, or discontinue any credit facilities or reduce or suspend any credit limit at any time and demand immediate payment of all monies outstanding.

4.2         Unless otherwise agreed by us in writing, sums due on a trade credit account are payable 14 or 30 days from the date of invoice. If you exceed any agreed credit limit, we may demand immediate payment of all amounts outstanding from you to us on any account.

1. OUR PRODUCTS

5.1         All images are for illustrative purposes only. Although we have made every effort to display the colours of Products accurately on our Website and in our Catalogue, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

5.2         The packaging of the Product may vary from that shown in images on our Website or Catalogue.

5.3         If we are supplying any Product to specifications you have given us, you are responsible for ensuring that these specifications are correct.

1. SAMPLES

6.1        We may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.

6.2         Samples provided by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions.

6.3         Goods are not sold by sample or description.

1. YOUR RIGHTS TO MAKE CHANGES

7.1         If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

1. OUR RIGHTS TO MAKE CHANGES

8.1         We reserve the right in our absolute discretion to make any changes to the Products which do not materially affect the quality or nature of the Products. We may also change the Product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

1. SELLING OUR PRODUCTS

9.1         You may re-sell any of our Products in the ordinary course of your business. We recommend that you sell our products based on the Recommended Retail Price (RRP).

1. DELIVERY

10.1       The costs of delivery will be as displayed on our Website or Catalogue or as advised to you via telephone or email.

10.2       During the Order process we will let you know when we will deliver the Products to you. Any delivery dates are estimates only but we will reasonably endeavour to deliver the Products to you as soon as reasonably possible, unless we agree with you another delivery date.

10.3       If you have asked to collect the Products from us, you can collect them from us at any time during the opening hours of our premises, once we have confirmed the Products are available to collect.

1. RISK AND OWNERSHIP

11.1       Ownership of the Products will not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products and all other sums which are, or which become due to us from you on any account.

11.2       Until ownership of the Products has passed to you, you must:

(a)         hold the Products on trust for us;

(b)         store the Products (at your own cost) separately from all other goods owned by you or any third party so that they are identifiable as our property and clearly labelled as such;

(c)          not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;

(d)         maintain the Products in satisfactory condition insured on our behalf for their full Price against all risks;

(e)         hold any proceeds of such insurance on trust for us separately from any other money, and not pay the proceeds into an overdrawn bank account or allow any such bank account to become overdrawn; and

(f)          allow us access to any premises where the Products are held at any reasonable time to enable us to inspect the Products and verify that you have complied with your obligations under this Condition 9.3.

11.3       You may resell the Products before ownership has passed to you provided such sale is:

(a)         in the ordinary course of your business at full market value and you will account to us accordingly; and

(b)         on your own behalf and you deal as principal when making such sale.

11.4       If we cannot determine which goods are the Products, you will be deemed to have sold all Products sold by us to you in the order in which they were invoiced to you.

11.5       We will be entitled to recover payment for the Products notwithstanding that ownership of any Products has not passed from us.

11.6       In the event you fail to pay for the Products when due (and without prejudice to any other rights we may have under these Conditions) we may demand the immediate return of the Products at any time and you will forthwith comply with such demand and bear the expenses for such return.

11.7       If you fail to return the Products in accordance with Condition 9.7, you will be deemed to grant to us (or our successors in title for the Products) and our respective employees and agents an irrevocable licence to enter onto any premises where the Products are or may be situated for the purpose of removing the Products (the cost of doing so shall be borne by you) and to sell or otherwise deal with such Products.

1. CANCELLATION

12.1       You may cancel the Contract and return any unused Products for any reason and at any time within 30 days of the date you receive your Order, providing the goods are in “as new” condition. Returns outside of a 30 day period will receive a credit note.

12.2       There will be no right to cancel the Contract if you have ordered Products made or modified to your specification or once the Products have been manufactured, installed or become mixed inseparably with other items.

12.3       You can cancel the Contract by:

(a)         Calling us on +44 (0)1159 876 700 or in writing at sales@scarabbeacon.com. Please provide your name, address, details of the order, your phone number and email address.

(b)         Writing to us, including details of what you bought, when you ordered or received it and your name and address.

12.4       If you cancel the Contract, you must return the Products (including all packaging and manuals) to us within 14 days of telling us you wish to cancel. You must either return the Products in person or by post to us or (if they are not suitable for posting) allow us to collect them from you. We reserve the right to charge a handling fee/restocking fee if we receive the Products after the 14 day period.

12.5       We will only pay the costs of return if the Products are faulty or mis-described. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

12.6       If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

12.7       Refunds will be made as soon as possible and by the same method you used for payment. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Products back to us.

12.8       Products must be returned in a re-saleable condition. 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 handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

1. OUR RIGHTS TO CANCEL THE CONTRACT

13.1       We reserve our right to cancel the Contract if:

(a)         you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

(b)         you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, where you have Products ordered to specification;

(c)          you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

(d)         you enter into any compromise or arrangement with your creditors, or if an order is made or an effective resolution is passed for your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of your undertaking or assets;

(e)         you cease or threaten to cease to carry on your business;

(f)          you are made bankrupt; or

(g)          you breach these Conditions or any other agreement we may have with you.

13.2       If we end the Contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.

13.3       We may write to you to let you know that we are going to stop providing the Products. We will let you know before dispatch of the Products if we stop the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.

1. DAMAGED PRODUCTS / INCORRECT ORDER

14.1       If you receive any Products that are damaged or receive an Order that is incorrect you must notify us within 14 days of receiving your Order by calling us on +44 (0)1159 876 700 or in writing at sales@scarabbeacon.com

14.2       Without prejudice to your rights under clauses 12, 15 or 16, if you receive any Products that are damaged, we shall (at our option) repair, replace or refund any such Products and refund or make good any Orders that are incorrect.

1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

15.1       We are under a legal duty to supply Products that are in conformity with this Contract. If you are a consumer, nothing in these terms will affect your statutory legal rights.

15.2       If you wish to exercise your legal rights to reject defective Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Before returning any goods, you must call on +44 (0)1159 876 700 or email us at sales@scarabbeacon.com  for a Return Materials Authorisation (RMA) number and include this RMA number on your returns documentation.

15.3       If we find a Product to be defective, we will either repair, replace or refund the Product in accordance with your statutory rights.

1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

16.1       If you are a business customer (and not acting as a consumer) we will use our reasonable endeavors to transfer to you the benefit of any standard manufacturer warranty or guarantee for the Products.

16.2       Subject to clause 16.3, if:

(a)         you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 16.1;

(b)         we are given a reasonable opportunity of examining such Product; and

(c)          you return such Product to us at your cost,

we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.

16.3       We will not be liable for a Product’s failure to comply with the warranty in clause 16.1 if:

(a)         you make any further use of such Product after giving a notice in accordance with clause 16.2(a);

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

(c)          the Product is not used for its intended purpose;

(d)         the defect arises as a result of not following any drawing, design or specification supplied by you;

(e)         you alter or repair the Product without our written consent; or

(f)          the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

16.4       Except as provided in this clause 16, we shall have no other liability to you in respect of a Product’s failure to comply with the warranty set out in clause 16.1.

1. PRICE AND PAYMENT

17.1       The price of the Product will be the price indicated on our Website or Catalogue or as advised to you via telephone or email when you placed your Order. VAT shall be charged as applicable.

17.2       If the rate of VAT changes between your Order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the VAT change takes effect.

17.3       We use our best efforts to ensure that the Price of the Products displayed on our Website or Catalogue or advised to you is correct. However, despite our best efforts, there may be instances where there has been an error in the pricing. Where the correct Price is less than our stated Price, we will charge the lower amount. If the Product’s correct Price is higher than the Price stated on our Website or Catalogue or advised to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products delivered to you in respect of such Order.

17.4       Payment for the Products must be made before we dispatch them, unless we have agreed otherwise in writing. We accept payment by most major credit or debit cards as indicated on our Website or advised to you via telephone.

17.5       If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.6       We reserve the right to suspend the Contract if you fail to make payment for the Products when due.

1. LIABILITY

18.1       Nothing in these terms shall limit or exclude our liability for:

(a)         death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)         fraud or fraudulent misrepresentation;

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

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

(e)         those matters that may not be excluded by virtue of the operation of the Consumer Rights Act 2015; or

(f)          any other matter that cannot be excluded or limited by law.

18.2       Subject to clause 19.1 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products under such contract.

If you are a consumer

18.3       If you purchase Products as a consumer, our liability for failure to comply with these terms, will be limited to loss or damage you suffer that is a foreseeable result of us breaching this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any business loss.

If you are a business

18.4       If you purchase Products as a business customer, except to the extent expressly stated in these Conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

18.5       If you purchase Products as a business customer, subject to clause 19.1:

(a)         we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(i)           loss of profit, business, revenue, capital, anticipated savings and/or goodwill; or

(ii)          any indirect or consequential loss; arising under or in connection with any Contract between us.

1. YOUR LIABILITY

19.1       Whether you are a business or a consumer, you shall indemnify and keep us indemnified from and against any liability, penalty, costs, claims, damages, loss and/or expense incurred or suffered, whether or not foreseeable and howsoever arising:

(a)         as a result of incorporating property in the Products; or applying any patent, registered or unregistered design, copyright, trademark, trade name or design to the Products; in each case on your instructions, suggestions or specifications, or complying with any other instruction of yours relative to the Products; and/or

(b)         in relation to any third-party claims arising from the use, installation, or dealings by you in the Products (irrespective of whether or not they involve our negligence), except as a result of our fraud or wilful default; and/or

(c)          as a result of your negligence, default or breach in respect of this or any other contract you may have with us.

19.2       You shall notify us forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. We shall have sole conduct of any proceedings or claim. You shall provide us with all assistance in connection therewith as we shall request.

1. FORCE MAJEURE

20.1       We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Website, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party), inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.

1. HOW WE MAY USE YOUR PERSONAL INFORMATION

21.1       To find out how we collect, use and share your personal information please read our Privacy Policy available on our Website or by requesting a copy from sales@scarabbeacon.com

1. OTHER IMPORTANT TERMS

22.1       We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and will ensure that the transfer does not affect your rights under the contract.

22.2       You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

22.3       This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

22.4       If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.

22.5       No failure or delay by us to exercise any right or remedy we may have provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy we may have. No single or partial exercise of such right or remedy by us shall prevent or restrict the further exercise of that or any other right or remedy.

22.6       These Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the courts of England and Wales. If you are a consumer and you live in Scotland or Northern Ireland, you can bring legal proceedings in respect of the Products in the courts of the region you are located.

22.7       If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. A list of certified ADR providers, and the sectors they cover, can be found at: http://www.tradingstandards.uk/ADRbodies. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

22.8       If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.