This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.planglow.com (our site) to your business (you). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1. www.planglow.com is a site operated by Planglow Limited (we). We are registered in England and Wales under company number 1975062 and with our registered office at The Quorum, Bond Street, Bristol BS1 3AE, which is also our trading address. Our VAT number is 440 7291 62.
2. Service availability
2.1. Our site is only intended for use by business customers who have successfully completed the registration process to register as users of our site.
3. Your status
3.1. By placing an order through our site, you warrant that:
3.1.1. You are a business;
3.1.2. You are legally capable of entering into binding contracts;
3.1.3. You are at least 18 years old; and
3.1.4. You are a registered user of our site.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an automatic e-mail confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. Links to third party websites
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Availability and delivery
6.1. Subject to clause 7.1 below, if your order is to be delivered to an address within the mainland of either England, Scotland or Wales (which excludes any English, Scottish or Welsh island territories separated from the mainland by water, such as the Channel Islands and Isle of Man, and also excludes Northern Island) (the GB Mainland) your order will be delivered within the time period set out in the Order Confirmation or, if no estimated delivery period is specified in the Order Confirmation, within 3 working days from the date of the Order Confirmation. Every effort will be made to keep agreed delivery and shipment dates, but such dates are not to be treated as terms of the Contract and time of delivery shall not be of the essence of the Contract. We will not be responsible for any loss or damage which may result from late delivery and may deliver in advance of the specified delivery date on giving reasonable notice to you.
6.2. In the event of failure by you or your agent to accept any delivery or to give adequate instructions to us for delivery, we shall be entitled:-
6.2.1. if you are making payment for your order using a credit account which you have with us following a successful application (Credit Account), to take the Credit Account invoice in respect of the order (the Invoice) which we have sent you into account;
6.2.2. if you fail to take delivery within 30 days of the date of the Order Confirmation, we shall be entitled to treat the Contract as at an end and, without prejudice to any other right we may have against you, shall be entitled to re-sell the Products.
6.3. Notwithstanding the provisions of clause 12, any complaint of short delivery or of damage to Products in transit must be notified to us in writing within 3 full working days of receipt of the Products and any complaint of failure to deliver the Products must be notified to us in writing within 10 days of the date of the relevant specified delivery date.
7. Risk and title
7.1. The Products will be at your risk upon delivery.
7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery costs (Delivery Costs).
7.3. At any time prior to title to the Products passing from Planglow Limited in accordance with these terms and conditions Planglow Limited shall be entitled on demand to recover possession of the Products (without prejudice to any of its other rights) and, for this purpose, shall be entitled to enter upon your premises (or any other premises where the Products are stored) during normal business hours for the purpose of removing such Products and to remove such Products from such premises. These conditions constitute an authority for any third party authorised by Planglow Limited to exercise our rights hereunder.
8. Price and payment
8.1. The price of any Products will be as quoted on our site from time to time in GBP Sterling, except in cases of obvious error.
8.2. These prices are exclusive of VAT or any other sales taxes and are exclusive of Delivery Costs, which will be added to the total amount due. On Delivery Costs, see clause 10 below.
8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4. The currency in which payments for orders are requested and must be paid will depend upon your location:
8.4.1. if you are located in an EU country in which the official currency is the Euro, the price of any Products shall be quoted in Euros when you submit your order and payments for such Products shall be made in Euros. The sums quoted and charged shall be calculated on the basis of a commercially available GBP Sterling/Euro exchange rate from time to time; or
8.4.2. if you are located in any other country, payments for Products shall be quoted and made in GBP Sterling.
8.5. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when we send the Order Confirmation to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.6. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.7. Payment for all Products must be by credit or debit card or alternatively, and subject to clause 9 below, using a Credit Account. Your credit or debit card account will be charged upon placing your order.
9. Credit Account payment
9.1. If you have a Credit Account with us, you may use your Credit Account to make payment for Products subject to this clause 9 and subject to the credit balance of your Credit Account being sufficient to cover the relevant payment.
9.2. An Invoice will be posted to you once your order is dispatched.
9.3. Payment shall be made in full within 30 days following the date of the Invoice. We reserve the right to vary the number of days within which payment must be made by giving you notice in writing.
9.4. If you fail to make any payment due to us under the Contract by the due date for payment, then, without limiting our remedies under clause 9.5 below, we may charge you interest on the overdue amount at the rate of 8% per annum above Handelsbanken base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount. This clause shall not apply to payments that you contest in good faith.
9.5. In the case of a Contract involving more than one delivery, if default is made in payment on the due date for any one delivery, Planglow Limited, at its option, shall be entitled to treat such Contract as repudiated by you and to claim damages accordingly or to delay future deliveries until such payment is made. Any delivery delayed by us under this clause may be treated, at our option, as a failure to accept delivery under clause 6.2 above.
9.6. If Planglow Limited shall consider your financial condition does not at any time justify the agreed terms of payment, we may, having given notice in writing to you, cancel any unfulfilled order or the Contract unless you shall forthwith make payment to us for the Products already delivered or shall make prior payment for the Products ordered but not supplied or both, at our option.
9.7. Any account outstanding beyond these terms of reference will be pursued through the court system seeking any county court judgement. Any costs incurred will be added to the outstanding amount.
9.8. If any part of an Invoice rendered by Planglow Limited is bona fide and for good cause disputed by you, only the disputed part may be withheld and the balance must be paid as required by clause 9.3 above.
10. Delivery Costs
10.1. There shall be no Delivery Costs for any order for Products totalling £100 or over to be delivered to an address within the GB Mainland.
10.2. All orders for Products totalling under £100 to be delivered to an address within the GB Mainland will be subject to Delivery Costs at a flat rate of £6.50.
10.3. For orders for Products to be delivered outside the GB Mainland or timed deliveries, Delivery Costs for delivery of the Products by commercial courier will be payable in addition to the purchase price of the Products. Such Delivery Costs shall be calculated after you have placed your order and:
10.3.1. if you are making payment by credit card, we shall contact you by telephone to arrange a further credit card payment for the Delivery Costs after you have placed your order and such Delivery Costs shall be itemised in the Order Confirmation; or
10.3.2. if you are making payment using a Credit Account, we shall inform you of the Delivery Costs subsequent to you placing your order by itemising such Delivery Costs in the Order Confirmation and such Delivery Costs shall be included in the Invoice.
11. Returns Policy
Under our 28-day returns guarantee, if for any reason you are unhappy with your purchase, you can return it to us within 30 days of the date you purchased the item and receive a full refund or exchange.
Any product you return must be in the same condition you received it and in the original packaging.
Please return the goods, along with the delivery note to:
Unit 27 C/D
Hartlebury Trading Estate
For your protection, we recommend that you use a traceable delivery service if the value of the return is more than £50.00.
Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective.
As soon as we receive the goods back to our warehouse, we will refund the purchase price of the goods. We cannot refund postage charges.
This returns policy does not affect your Statutory Rights
11.2 Defective Products
If you return a Product to us because you claim that the Product is defective, we will examine the returned Product and will modify or replace free of charge or at our option, credit at the contract rate or a proportion thereof any of the Products found by you and agreed by us to be defective to a significant degree provided that Planglow Limited is notified within 28 days of the date of delivery of such defect and the defective Products are made available for inspection and collection by us. This warranty does not apply to any Products that have been subject to misuse, abuse or prolonged or inappropriate storage, or printing errors or omissions including variations in colour or shade that have been passed or not objected to in a proof submitted to you. In the event that we decide to credit at the contract rate or a proportion thereof any of the Products found by you and agreed by us to be defective to a significant degree, we shall notify you of this via e-mail within a reasonable period of time. We will usually process the credit due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a credit for the defective Product.
12. Our liability
12.1. No representation or warranty given by us or our agents on our behalf shall be incorporated into any Contract unless expressly referred to in the Order Confirmation.
12.2. All warranties, conditions and other terms implied by any statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) to the fullest extent permitted by law are excluded from the Contract. Planglow Limited shall not be liable to you for any of the following types of loss (whether direct or indirect): (i) loss of profit; (ii) loss of business; (iii) depletion of goodwill; (iv) personal injury (so far as not caused by Planglow Limited's negligence); or (v) indirect, consequential or pure economic costs, charges or expenses provided that this clause 12.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.5 below or any other claims for direct financial loss that are not excluded by any of categories (i) to (v) inclusive of this clause 12.2.
12.3. Planglow Limited does not warrant that any Product purchased from us through our site is fit for any particular purpose, save insofar as written advice is given by an authorised employee or Planglow Limited as to the fitness of the Products for a particular purpose made known to us by you.
12.4. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
12.5. This does not include or limit in any way our liability:
12.5.1. for death or personal injury caused by our negligence;
12.5.2. under section 2(3) of the Consumer Protection Act 1987;
12.5.3. for fraud or fraudulent misrepresentation; or
12.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13. Import duty
13.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1. All notices given by you to us must be given to Planglow Limited by e-mail at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1. Strikes, lock-outs or other industrial action.
17.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5. Impossibility of the use of public or private telecommunications networks.
17.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
17.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1. These terms and conditions, the Credit Account application form (if you are a Credit Account customer), and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in circumstances, including changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
22. Law and jurisdiction
22.1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.