Terms & conditions of supply
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 for sale by us on the website www.cashgenerator.co.uk (the site) to you. Please read these terms and conditions carefully before ordering any Products from the 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.
By clicking on the button marked "I Accept" before you place your order, you have accepted these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the site.
INFORMATION ABOUT US
When you purchase Products from this site these Products may be offered for sale by Cash Generator Limited and or franchisees of Cash Generator Limited (Franchisees) or other third parties (Affiliates) Franchisees operate on line stores as independent operators of their own businesses under the cash generator trade marks. Whilst we may help you buy goods from our Franchisees and Affiliates, we are not the seller and any dispute between you and our Franchisees and Affiliates must be resolved directly between you.
When you place an order on the site, the company name, registered office, store details and VAT number of the store with which you are placing your order will have been provided to you before you accepted these terms and conditions and will also be provided to you on the dispatch confirmation referred to below. Please note that Products ordered from one or more stores may be placed with one more sellers and that each order from each store and seller constitutes a separate contract between you and each independent seller.
References in those terms and conditions to "us" mean the party who you are purchasing Products from as notified to you on the site.
The site is only intended for use by people resident in mainland UK and N. Ireland. We do not accept orders from individuals outside of or for delivery to addresses outside of those countries.
By placing an order through the site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from Cash Generator Limited, Ratho Park, Station Rd, Newbridge, Edinburgh EH28 8QQ (Cash Generator) acknowledging receipt of your order. If your order is not placed with Cash Generator, they will confirm receipt of your order on our behalf. Please note that this does not mean that your order has been accepted as. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us or Cash Generator on our behalf and are subject to availability. We will confirm You will receive confirmation of acceptance of your order by Cash Generator sending you an by e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when you are sent the Dispatch Confirmation.
The Contract will relate only to those Products supplid by us whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order and placed on the site, until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We are not liable for the supply of products ordered from any other third party.
We will keep a copy of the contract formed between us.
We will take payment for your order when your order is made. However, if any Product ordered is not available we will refund your payment as soon as we process your order for dispatch.
If you are contracting as a consumer, you may change your mind and cancel a Contract for one or more Products at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below. If you have paid a delivery charge this will also be refunded unless the delivery charge also included delivery of other Products which you are not cancelling.
To cancel a Contract, you must inform us in writing by writing to us at the address or e-mail address of the store with which you have placed your order. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Your rights as a consumer under this clause 6 are in addition to any other rights you may have for example if a Product is defective.
Please note that we are unable to accept returns of any Products under this clause 6, which are audio or video recordings or computer software which has been unsealed by the consumer.
AVAILABILITY AND DELIVERY
We will use our reasonable endeavours to fulfil your order within 3-5 working days or by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and the Products have been dispatched to you as set out in the Dispatch Confirmation.
PRICE AND PAYMENT
The price of any Products will be as quoted on the site cashgenerator.co.uk from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as notified to you before you placed your order.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The site cashgenerator.co.uk contains a large number of Products for sale by us and it is always possible that, despite our best efforts, some of the Products listed on the 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 dispatching the Product to you. If a Product's correct price is higher than the price stated on the 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.
Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Barclaycard, Switch and Paypal. Your credit or debit card will be charged when we receive your order. If a Product ordered by you is unavailable, we will not accept your order for that Product and your credit or debit card will be refunded.
OUR REFUNDS POLICY
When you return a Product to us:
because you have cancelled the Contract between us within the seven-day cooling-off period in accordance with clause 6 of our terms and conditions, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you unless the delivery charge also included other Products which have not been cancelled. However, you will be responsible for the cost of returning the item to us. If you returned the product because it was defective and subject to us confirming this, we will also refund the cost of you returning the Product to us by normal post.
The Contract may not be cancelled outside the seven-day cooling-off period unless the product is defective. As per clause 6.4, we are unable to accept returns of any Products which are audio or video recordings or computer software which has been unsealed by the consumer.
- Outside of the initial seven day cooling-off period because you claim that the Product is defective, we will examine the returned Product to confirm the defect identified by you. We will then contact you to discuss the next steps and agree a course of remedy. If a refund is applicable we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund 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 refund for the defective product. You will only be refunded delivery charges and the cost of returning the item to us at our discretion.
We warrant to you that any Product purchased from us through the site cashgenerator.co.uk is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price you paid for the Product, the delivery costs you paid for delivery of the Product and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
In addition to the above, and if you are not buying a Product as a consumer, we will not be liable for:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising
For all other purchases, for the purposes of the Data Protection Act 1998 (the Act) the data controller is the company with whom your Contract is made and whose details are notified to you on the site before you place your order. We will collect and process data about you if you contact us, and to process any orders accepted by us and their fulfilment.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer or have registered on the site, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. Where we permit selected third parties to use your data, they will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant boxes situated on the form on which your data is collected.
We may disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets and if we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions of supply and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by writing to us at the address of the store form which you have ordered Products.
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 the website www.cashgenerator.co.uk. 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.
All notices given by you to us must be given to us at the address or email address of the store from which you purchased the relevant Products, notified to you when you placed your order. 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 12 above. Notice will be deemed received and properly served immediately when posted on the 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
EVENTS OUTSIDE OUR CONTROL
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.
In this case, our performance under any Contract is deemed to be suspended for the period that the event(s) continue, 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 event(s) to a close or to find a solution by which our obligations under the Contract may be performed.
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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 14 above.
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.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws, and regulatory requirements.
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. Any changes to those policies or these terms and conditions will be posted on our site and we will assume that you have accepted the changes to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products for non consumer sales. Remember, you have cancellation rights as a consumer and may cancel your Contract within seven working days of receipt of the Products in any event which will also apply if you do not accept any changes to our terms and conditions. Please check our Site regularly for any changes.
LAW AND JURISDICTION
Contracts for the purchase of Products through are site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law if you are not purchasing Products as a consumer. Otherwise, the applicable law will be the law of that part of the UK in which you are based. We may take action against you in the English courts or the courts in the country in which you are based, in respect of any dispute or claim arising out of or in connection with such Contracts or their formation (including non- contractual disputes or claims). If you have any dispute or claim against us, you may take action against us in the courts in the country in which you are based, or in England and Wales at your option.