These Terms will apply to any contract between us for the sale of Ice Bloc Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Ice Bloc Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Ice Bloc Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Ice Bloc Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information About Us
1.1 www.icebloc.com is a site operated by M-Squared Lasers Limited (we, us, or our). We are a limited liability company registered in Scotland with registered number SC243330 and have our registered office at Venture Building, West of Scotland Science Park, Glasgow, G20 0SP, Scotland, United Kingdom. Our VAT number is GB 870 9855 76.
1.2 You may contact us by telephoning our customer support team at +44 (0)141 945 0500 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.2.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only.
3. Use of Our Site
3.1 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How We Use Your Personal Information
5. Business to Business Sale
5.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Ice Bloc Products.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the Contract is Formed Between You and Us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that your order has been accepted (Order Confirmation). Subject to any conditions precedent, the Contract between us will only be formed when we send you the Order Confirmation. Unless otherwise agreed between you and us, acceptance of each order may be subject to the condition that we obtain satisfactory credit approval for such order. In the event of such approval not being granted, we may by notice intimate in writing to you that such condition has not been satisfied. In that event we shall not in any circumstances incur any liability to you in respect of any matters directly or indirectly related to such an order
6.4 If we are unable to supply you with an Ice Bloc Product, for example because that Ice Bloc Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Ice Bloc Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. Our Right to Vary These Terms
7.1 We amend these Terms from time to time. Please look at the bottom of these Terms to see when these Terms were last updated.
7.2 Every time you order Ice Bloc Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Ice Bloc Products or just the Ice Bloc Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Ice Bloc Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
8.2 Delivery of an Order can only take place after full payment has been received by us and shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9. International Delivery
9.1 As a consequence of export control laws, there are restrictions on some Ice Bloc Products for certain international delivery destinations and as a consequence where such circumstances arise we may not be able to accept your order.
9.2 If you order Ice Bloc Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Ice Bloc Products are destined. We will not be liable or responsible if you break any such law.
10. Price of Products and Delivery Charges
10.1 The prices of the Ice Bloc Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of the Ice Bloc Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.4 for what happens if we discover an error in the price of the Ice Bloc Product(s) you ordered.
10.2 Prices for our Ice Bloc Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of an Ice Bloc Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of an Ice Bloc Product does not include delivery charges. Delivery charges will be added at checkout.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Ice Bloc Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Product and refund you any sums you have paid.
11. How to Pay
11.1 We utilise the ecommerce platform Shopify to process our orders. You can pay for Ice Bloc Products using a debit card or credit card. Alternatively, if you proceed by way of a purchase order in our shopping cart, payment details will be included in our invoice.
12. Our Warranty for the Ice Bloc Products
12.1 The Ice Bloc Product comes with a full 12-month warranty. Please see our Ice Bloc Warranty.
12.2 The warranty referred to in clause 12.1 does not apply to any defect in the Products arising from:
(i) fair wear and tear;
(ii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(iii) if you fail to operate or use the Products in accordance with the user instructions;
(iv) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(v) any specification provided by you.
13. Our Liability to You as a Business Customer
13.1 We only supply the Ice Bloc Products for internal use by your business, and you agree not to use the Ice Bloc Product for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(iv) defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the price of the Ice Bloc Products in the relevant Order.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Ice Bloc Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Ice Bloc Products are suitable for your purposes
14. Events Outside Our control
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(i) we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
(ii) You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Ice Bloc Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications Between Us
15.1 When we refer, in these Terms, to in writing, this will include email.
15.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
15.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
15.4 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.
15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Intellectual Property Rights
16.1 Subject to clause 16.2, with the supply of the Ice Bloc Products, you acquire a royalty-free license to the intellectual property rights in the Ice Bloc Products (collectively, M-Squared IP) held by the us, which are necessary for the proper, contractual and free use of the Ice Bloc Products.
16.2 Notwithstanding the foregoing, we do not (and shall not permit any third party to): (i) disassemble or otherwise reverse engineer or attempt to reconstruct or discover any underlying ideas or concepts of the Ice Bloc Products or M Squared IP by any means whatsoever, (ii) alter, modify, enhance or create a derivative work or improvement of any part of the m Squared IP (except as otherwise expressly authorised in writing), (iii) copy the M Squared IP or any portion thereof except as expressly authorised in writing, or (iv) remove, alter or obscure any product identification, copyright or other notices embedded within or on the M Squared IP or the Ice Bloc Products.
17. Other Important Terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 A Contract and any dispute or claim arising out of or in connection with it 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.
Ice Bloc Ecommerce Terms and Conditions were last updated on 12 July 2016 (160712 Version SM 1).