CRIMESTOPPERS PROPERTY PROTECTORTM Website Usage Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Stealth Mark Europe’s relationship with you in relation to this website. The term ‘Stealth Mark Europe’ or ‘CRIMESTOPPERS PROPERTY PROTECTORTM’, ‘us’ or ‘we’ refers to the owner of the website whose european trading office is PO Box 5236, Warwick, CV34 9LS, UK. Our company is registered in England no: 7354097. The term ‘you’ refers to the user or viewer of our website.The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Stealth Mark Europe’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

This Website is owned and run by Stealth Mark Europe whose Registered Office Address is: 14 & 15 Craven Street, London, WC2N 5AD, United Kingdom. Registered Company number: 7354097. In making a transaction through this Website Customers are entering into a contract with Stealth Mark Europe and hereby accept and are deemed to be bound by these terms and conditions. Any payments made through this Website shall be made to and processed by Stealth Mark Europe or our appointed agents. Please read these terms and conditions carefully before ordering any Goods from the Website. Customers should print a copy of these terms and conditions for future reference. Please understand that refusal to accept these terms and conditions will prevent Customers from making an order for any Goods from the Website. These Terms and Conditions only apply to sales of items made directly between Stealth Mark Europe and the end user. By placing an order with us you are bound by these terms unless agreed otherwise in writing.

 

Definitions

Agreement means the contract for the purchase and sale of the Product collectively consisting of the Order and these Conditions;

Customer means the person, firm or company with whom Stealth Mark Europe enters into this Agreement and whose details are set out in the Order;

Conditions means the standard terms and conditions of license and sale set out in this document;

Database means the central database and related property registration databases comprising, amongst other things, the details of the Customer based on the information contained in the Order and unique coded property marking solution which shall, subject to compliance by the Customer with its obligations under this Agreement, be maintained by Stealth Mark Europe or its approved agents until the Agreement and the License and all rights granted to the Customer under the Agreement expire or are terminated in accordance with this Agreement;

Effective Date means the date of signature or online submission of the Order by the Customer;

Fees means the Purchase Fee and any other fees specified in the Order;

Property Marking Solution means the quantity of CRIMESTOPPERS PROPERTY PROTECTORTM Solution contained in a sealed container as referred to in the Order which contains a formula and combination of components which is unique to the Customer;

Goods mean the Product and Materials, which Stealth Mark Europe is to supply in accordance with the Agreement;

Group means Stealth Mark Europe or any holding company or subsidiary or a subsidiary of such holding company;

Intellectual Property means any patent, copyright, design right, goodwill, rights to inventions, know how, techniques, trade secrets, confidential information, trade mark, database right or other intellectual property right subsisting anywhere in the world, whether registered or unregistered;

Materials means the signs, stickers, labels and other artwork and literature supplied by Stealth Mark Europe to the Customer as referred to in the Order;

Order means Stealth Mark Europe’s online order form which may be found on the ecommerce section of CRIMESTOPPERS PROPERTY PROTECTORTM website at www.crimestopperspropertyprotector.com or in advertising material from time to time and which has been completed and submitted (whether online or otherwise) by the Customer and accepted by Stealth Mark Europe  (and confirmed by electronic mail) and to which these Conditions shall apply;

Product means the CRIMESTOPPERS PROPERTY PROTECTORTM Product Marking Solution and any other goods as identified in the Order;

Stealth Mark Europe or CRIMESTOPPERS PROPERTY PROTECTORTM means Stealth Mark Europe Limited a company incorporated and existing under the laws of England whose principal office is at PO Box 5236, Warwick, CV34 9LS, UK.

Shelf Life means the use-by date by which the CRIMESTOPPERS PROPERTY PROTECTORTM Property Marking Solution must have been used and applied as specified by CRIMESTOPPERS PROPERTY PROTECTORTM;

CRIMESTOPPERS PROPERTY PROTECTORTM Property Marking  Solution means the mixtures (which comprise a unique numeric code in the solution) produced by or for Stealth Mark Europe ;

Trade Marks means Stealth Mark Europe, CRIMESTOPPERS PROPERTY PROTECTORTM or SMI Holdings, INC Trade marks in the specific format(s) depicted in the Materials and Stealth Mark Europe and/or CRIMESTOPPERS PROPERTY PROTECTORTM name and any registered trademarks and unregistered trade mark rights in respect thereof in the United Kingdom which may be owned by Stealth Mark Europe or the Group.

General

These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgment and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company's internal order will constitute the basis of the agreement. Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser's order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). You should print out and retain a copy of those terms at the time at which you send us your order.

The Order

Descriptive and clerical errors are subject to correction. Orders must be placed by the issue of a valid purchase order, online order form or other written communication. Stealth Mark Europe reserve the right not to accept any customer order. We will treat your order as an offer to buy and except for retail or mail order sales we will send you an email to confirm receipt of your offer. This e-mail this does not mean that your offer has been accepted. Certain products and offers may only be available to qualifying customers, for example in particular geographical areas.

Prices & Quotations

All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process.  VAT, where applicable, has been added to the price of the products at the appropriate rate. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised, advised, published pricing is subject to change at any time without notice due to market and/or currency fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order. No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing. The company reserves the right to correct any error or omission or quotation or invoice without prior notice.

Payment

We accept payment by cash, cheque, postal order, most major credit / debit cards. We reserve the right not to dispatch goods until your funds have cleared. All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment is made by cheque which is returned unpaid, you shall be liable for all reasonable costs incurred as a result.

Assignment

We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party.

Credit Checking & Validity

We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.

Retention of Title

All goods remain our property until such a time as they have been paid in full. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.

Reselling

Goods resold without our written permission will invalidate any non-statutory returns policy that may be in force. Please contact us to find out more about becoming a Stealth Mark Europe reseller.

Delivery & Acceptance

In most cases, unless agreed otherwise, we dispatch using our preferred carrier. Standard UK Delivery is normally made within 5 working days but no absolute guarantee can be given of this or any other delivery times. Where a premium service is requested (e.g. next day, AM delivery or Saturday) our liability extends only to a refund of the premium should the delivery not be attempted on time. Same-day dispatch is subject to the order being received earlier than that working day's 'cut off' time but this may vary with workload or around holiday periods which you will be notified at the time of order. "Working day" is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. Deliveries may be made any time between 9am and 6pm. Our standard delivery service covers most parts of mainland UK. You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the goods were received. Failing such notice you will be deemed to have accepted the products and it shall be conclusively presumed that the products are in accordance with the contract and free from any defect or damage, which would be apparent on examination.

Carriage Rates

The standard UK mainland handling & delivery is shown on the website at time of order with expected delivery within 5 working days. This may be subject to change.

Transit Damage

Goods obviously damaged in transit must be notified to us within 48 hours of receipt. You are advised to keep all packaging as that may be required in the event of a claim.

Returns

This policy does not affect your statutory rights.

30 Day Returns Guarantee

We will give you 30 days to assess our products and if it isn't to your liking you can return it in good saleable condition unopened and we will refund you money back for the product. Before goods can be returned we must issue a returns authorisation number in order that we can track it accurately. Please ensure that your returns authorisation number is included with your returned item so that you can be credited appropriately. Items being returned should use a suitably packed, insured and traceable carriage method. Items need to be returned within ten (10) days after the returns authorisation number has been provided. We reserve the right to charge a restocking fee on unused, unopened items returned and accepted by Stealth Mark Europe after the 30 day return period. For items that are returned open or with missing or damaged parts other than if faulty, we reserve the right to charge a restocking fee or an amount to cover the cost of the damaged / missing item. Carriage costs will only be refunded in instances where the full product pack has been returned and we determine the products are faulty. Please keep all the warranty information that accompanies your item as this may be needed should there be a fault. In the event of Stealth Mark Europe sending you a replacement for a damaged, defective or wrong item, you must return the damaged, defective or wrong item to us within 28 days of receipt of the replacement.  We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item as aforesaid.

Product Refunds

If you are returning a pack because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your reasonable delivery costs of returning it to us to a limit of £2 per pack. We will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price.

Warranty

Stealth Mark Europe warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for 12 months beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. If purchased direct from Stealth Mark Europe a returns authorisation number is required prior to the product being returned to Stealth Mark Europe. Product must be returned in a suitable protective packaging. This warranty does not apply to product that has been subject to abuse, misuse, negligence, tampering or has been modified in any way.  Without prejudice to your rights Stealth Mark Europe may replace a defective product or issue a credit note against future purchases. No other warranties, express or implied are made. Stealth Mark Europe shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to Stealth Mark Europe, the retailer or otherwise. Your statutory rights are not affected in any way.

Goods Suitability

It is your responsibility to ensure that the correct goods are ordered for your purposes. Please refer to our site for the product specification. This may also apply to specifications listed within any packaging and instructions/user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. Please ensure that you mark your assets with care and in line with the instructions provided. We cannot be held accountable for damage to valuable assets where CRIMESTOPPERS PROPERTY PROTECTOR™ has been applied inappropriately to delicate and or valuable property, please seek advice of an appropriate expert.

Limitation of Liability

To the fullest extent permissible by law, we will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.

Force Majeure

Whilst we will use our reasonable endeavours to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Governing Law / Jurisdiction

This Agreement will be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Stealth Mark Europe Limited Details

Email: sales@stealthmark.co.uk

Telephone: +44(0)845 5193 999.

Trading Office Address: PO Box 5236, Warwick, CV34 9LS, UK

Registered Company number: 7354097

© Stealth Mark Europe 2010