Terms & Conditions

1. INTERPRETATION

1.1. In these conditions of sale, the following words shall have the following meanings:-

"Account Customer" means a Customer which is designated by the Company, and, subject to these terms and conditions, which the Company may have authorised to purchase Goods on credit terms and "Customer Account" shall be construed accordingly.

"Business Customer" means any Customer who is not a Consumer Customer. Yanex Limited only supply Businesses

"Customer" means a Business Customer. Yanex Limited are a business to business Company and do not supply consumers.

"Company" means Yanex Limited, registered company number 3765132, whose principal place of business is located at Yanex house, Whitworth Court, Manor Farm Road, Runcorn, Cheshire, WA7 1WA.

"Conditions" means the terms and conditions set out in this document and in the Formal Order Confirmation form. Where any terms below conflict with any terms in the Formal Order Confirmation the terms in the Formal Order Confirmation will take precedence.

"Contract" means any contract between the Company and the Customer for the sale of any Goods.

"Delivery Address" means the address in the United Kingdom for the delivery of Goods as specified by the Customer to the Company's website or in the account application form for the Customer's Customer Account or such other address as may be agreed in writing between the Company and the Customer. Where the Customer is not an Account Customer and paying by a credit card or debit card, the Delivery Address shall be the address at which the card is registered, save as may be agreed in writing between the Company and the Customer.

"Delivery Policy" means the Company's delivery policy which is published on the Company's website, as may be amended by the Company from time to-time. You can obtain the current Delivery Policy by visiting our website at http://www.yanex-store.com/sitepage/main.asp?sitepages=Delivery

"Goods" means any goods (including computer software, and/or licensing which shall be deemed to be goods in any event) or materials which the Company agrees to provide to the Customer

"Formal Order Confirmation" means the communication sent by the Company to the Customer accepting the Customer's order.

"Privacy and Security Policy" means the Company"s privacy and security policy which is published on the Company?s website, as may be amended by the Company from time-to-time.

"Returns Policy" means the Company's returns policy which is published on the Company's website, as may be amended by the Company from time-to time. You can obtain the current Delivery Policy by visiting our website at http://www.yanex-store.com/sitepage/main.asp?sitepages=Returns "Website Terms of Use" means the terms for the use of the Company"s website which is published on the Company's website, as may be amended by the Company from time-to-time.

1.2. In these Conditions:

1.2.1. references to any statute or statutory provision shall, unless these Conditions otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.2.2. the headings will not affect the construction of these Conditions.

2. APPLICATION OF CONDITIONS

2.1. By placing an order with the Company, the Customer hereby warrants and represents that they are a Business Customer, as identified by them in the process of registering with the Company or placing any order by any method. And that they are over 18 years of age.

2.2. These Conditions may be amended from time to time and shall take effect from the date that the notification of any change is made on the Company's website. Advance notification of such changes will not necessarily be given.

2.2.1 Where changes to these conditions are made as in Clause 2.2, the Customer shall have a period of 24 hours in which to cancel the Contract where changes have been made which unilaterally change the terms of the Contract. If no objection is received from the Customer within 24 hours then the change will be deemed to have taken effect and agreed by the Customer.

2.3. These Conditions apply to all Contracts for the sale of Goods entered into by the Company, which, for the avoidance of doubt, shall not be made, except as follows:

2.3.1. In the case of a Customer with a Company Account, the Contract shall be deemed made upon dispatch of the Company's Formal Order Confirmation to the Customer; and2.3.2. In all other cases, the Contract shall be deemed made upon and only upon the Company having received payment in full, in cleared funds, following dispatch of the Company's Formal Order Confirmation to the Customer.

2.4. By placing an order with the Company the Customer agrees to deal with the Company on these Conditions to the exclusion of all other terms, conditions or warranties contained in or referred to in the Customer's order or correspondence or elsewhere or implied by trade, custom, practice or course of dealing.

2.5. Any Goods displayed at a price by the Company does not constitute an offer. The Company reserves the right to withdraw or revise a price at any time prior to the conclusion of a Contract.

2.6. The Company will not transact business with any person who is less than 18 years old.

2.7. The Customer shall comply with the Company's Website Terms of Use.

2.8. The Company will only accept orders from Customers located in the United Kingdom.

2.9. For the purposes of these Conditions and any Contract, the Company is entitled to treat as conclusive any representation from a person who is or appears to be an employee, representative or agent of the Customer who in the Company's reasonable opinion appears to have the requisite authority.

2.10. The Company reserves the right to refuse to make any Contract with any Account Customer or to refuse to make or complete delivery of any Goods to any Account Customer if it has reason to believe that there is a reasonable prospect that the Account Customer will not be in a position to pay for the Goods.

2.11 Contracts may not be cancelled by the Customer except with written consent from the Company (which it may refuse at its absolute discretion). If the Company agrees to any such cancellation then it may impose a cancellation fee and a restocking fee. The Company standard restocking fee is equal to 20% of the value of the Goods contained within the Contract. In addition to this the Company may also charge the Customer for any shipping costs incurred should be contract be cancelled after shipping has taken place.

2.12. The Company reserves the right to charge a minimum order fee in relation to any Contract. This is currently 5% of the Contract value if the Contract value is under £300.

3. PRICING AND DESCRIPTION OF GOODS

3.1. All Goods advertised and not advertised are subject to availability and all prices are subject to alteration. If an order cannot be fulfilled for any reason following a Contract having been made, a full refund will be issued, back on to the Customer's credit or debit card, or by cheque or the Customer's Company Account will be re-paid or re-credited, as appropriate.

3.2. In the event of either an error in the Company's published prices or a price change for any Goods, the Customer will be informed by the Company as soon as possible and offered the option of either re-confirming the order at the correct price, or cancelling the order. If a confirmation is not received from the Customer within 2 working days of being informed of the error or price change, the order will automatically be cancelled. If the order is cancelled automatically or if the Customer cancels the order under this Clause 3.2, a full refund or credit of any sum that the Customer has paid or that has been debited from the Customer's credit or debit card or the Customer's Company Account will be re-paid or re-credited, as appropriate.

3.3. In the circumstances set out in Clauses 3.1 and 3.2 above, the Company shall have no further liability to the Customer whatsoever under the Contract.

3.4. All prices advertised by the Company are subject to VAT at the current UK rate.

All payments shall be made in Sterling and a delivery charge will be made for the Goods which will vary according to the shipping method requested, the weight and volume of the Goods ordered and the Customer's geographical location.

3.5. The cost of pallets and returnable containers may be charged to the Customer in addition to the price of the Goods but full credit will be given to the Customer for such pallets and returnable containers, provided they are promptly returned undamaged to the Company.

3.6 The quantity and description of the Goods should be as set out in the Formal Order Confirmation, that all samples of drawings and specifications and advertising are for illustrative purposes only and they do not form part of the Contract.

4. PAYMENT

4.1. Payments are accepted by credit and debit card. Payments received via this method are taken when the Goods are despatched. Where a credit card is used, the Company reserves the right to charge an additional fee. Payments may also be accepted by electronic funds transfer (such as CHAPS or BACS) or by cheque by prior arrangement in writing between the Company and the Customer.

4.2. For Customers without a Company Account, Goods will not be dispatched until cleared funds have been received by the Company and payment will not be deemed to have been made until such complete cleared funds have been received by the Company.

4.3. The obligation upon the Customer to make any payment at the time for payment shall be of the essence and is a fundamental term of these Conditions, breach of which shall entitle the Company to terminate any Contract immediately.

4.4. For Customers with a Company Account, the Company's invoices must be paid, in full, strictly within 30 days of the invoice date but the Company reserves the right to seek cleared funds in advance in relation to any Contract. Invoices will normally be issued on the day Goods are despatched and may be issued electronically.

4.5. Advance payment may be required for new Customers for a Company Account, pending credit applications and or references and/or in any other circumstances where the Company (in its entire discretion) deems this to be appropriate.

4.6. Under the Late Payment of Commercial Debts Regulations 2002 the Company reserves the right to exercise its statutory right to charge interest and an administration charge on all invoices overdue from Business Customers at its sole discretion.

5. DELIVERIES

5.1. Delivery times quoted by the Company are estimates only. They are based on the availability of the Goods, normal processing time and delivery times as available by the relevant couriers used.

5.2. Whilst the Company strives to ensure that all Goods are delivered to the Delivery Address in accordance with estimates, it will not be liable for any loss or damage suffered by the Customer even through reasonable or unavoidable delay in delivery or for Goods delivered on any day different to that which may be requested by the Customer. Goods may be delivered in more than one consignment and the Company will endeavour to inform the Customer as soon as possible where this is the case.

5.3. Orders placed before 3.30pm on a working day (i.e. any day other than weekend or a Bank or public holiday) will usually be processed that day and be delivered as per the agreed delivery option, providing that no additional security checks are required and providing that all items are in stock and are available. NB; no deliveries are made on a Saturday or Sunday (weekend) due to courier restrictions.

5.4. The Company may on occasion make deliveries in advance of any estimated delivery date.

5.5. The Company will only deliver to addresses located in the United Kingdom.

5.6. The Company reserves the right to refuse delivery to an address where it has reasonable cause to doubt successful shipment of the order. In this case, the Customer must provide an alternative address for delivery.

5.7. Subject to any particular free or discounted delivery offers from time to time in force, all deliveries will be subject to a delivery charge. Delivery shall be to suitable property, warehousing, stores or reception areas on the ground floor only. The Company must be notified in advance if the Customer has any unusual delivery requirements and the Company reserves the right, in that case, to levy an additional delivery charge. You can review the Delivery Policy by visiting our website at www.yanex-store.com/sitepage/main.asp?sitepages=Delivery

5.8. If the Customer deliberately fails to take delivery of the Goods, then, without prejudice to any other rights or remedy available to the Customer, the Company may:-
5.8.1. store the Goods until the actual delivery is made and charge the Customer for any reasonable costs of doing so, including insurance and storage; or
5.8.2. sell the Goods at the best readily obtainable price (after deducting all reasonable storage and selling expenses) account to the Customer for any excess over the price the Customer agreed to pay for the Goods or charge the Customer for any shortfalls below the price the Customer agreed to pay for the Goods plus any handling fees.

5.9. Further information on deliveries may be obtained by reviewing the Company Delivery Policy. The Deliveries Policy is incorporated into these Conditions byreference and shall be complied with by the Company and the Customer. In the case of any inconsistencies between these Conditions and the Delivery Policy, the terms of these Conditions shall prevail.

6. QUALITY

6.1. The Customer acknowledges that the Company is not the manufacturer of the Goods. The Customer also acknowledges that as an intermediate supplier of the Goods the Company may have no option to check the Goods for obvious signs of damage and does not in any way inspect the quality or condition of the Goods themselves.

6.2. The Customer acknowledges that the manufacturer of the Goods typically provides warranty assurances directly for the benefit of end users of the Goods.

6.3. The Customer acknowledges that the Company does not hold itself out as having any particular expertise in relation to the actual Goods and that any information provided by the Company in relation to the Goods is merely passed on by the Company from the manufacturer of the Goods.

6.4. The Company does not sell Goods on a "trial basis" and the Customer agrees that it relies entirely on its own skills and judgement in deciding on the suitability and fitness of the Goods for its purpose.

6.5. The Customer acknowledges that the prices charged by the Company for the Goods are based strictly on the acknowledgements set out in Clauses 6.1 to 6.4 and based on those acknowledgements the Company shall:
6.5.1. use its reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given to the Company; and
6.5.2. comply with its returns policy as set out in Clause 8;

6.6. The Company may change the specification of Goods, prior to delivery, where there is no material adverse effect on quality or performance or to comply with applicable safety or other statutory requirements.

6.7. They agree that the Company will not (subject to Clauses 6.5 and 10.1) be responsible for or give any warranties in relation to the quality or suitability of the Goods and that provided the Company complies with the provisions of Clause 6.5 the Company will (subject to Clause 10.2) have no further liability (in contract, tort, including but not limited to negligence, or other) to any Business Customer for any quality or suitability claims in relation to the Goods.

7. MANUFACTURE BID PRICING FOR BUSINESS CUSTOMERS

7.1. In certain circumstances, with Business Customers, the Company may apply Manufacturer Bid Pricing ("MBP") to Goods supplied under Contracts. In those circumstances, the Business Customer must obtain and comply with any applicable guidelines of the manufacturer relating to the MBP and, at the request of either the Company or the manufacturer, will promptly provide adequate proof that such guidelines have been followed.

7.2. In the event that MBP is not granted or is granted but then revoked as a result of any failure by the Business Customer under Clause 7.1, any MBP applied to the Goods by the Company will cease to apply and the full price of the Goods will be charged by the Company and the Business Customer will forthwith pay to the Company:
7.2.1. the amount of any difference between the price of the Goods arising from the application of MBP and the full price of the Goods; and
7.2.2. any costs imposed on the Company including, without limitation, costs relating to compliance and verification under this Clause 7.

8. RETURNS

8.1. The Company does not supply goods on a "trial basis" and Customers acknowledge they are responsible for verifying suitability and compatibility of Goods for the purposes they require them prior to purchasing.

8.2. Further information on returns can be obtained by reviewing the Yanex Returns Policy. The Returns Policy is incorporated into these Conditions by reference and shall be complied with by both the Company and the Customer. In the case of any inconsistencies between these Conditions and the Returns Policy, the terms of these Conditions shall prevail.

8.3. The Customer shall ensure that:
8.3.1. all RMA claims are validly made:
8.3.2. no Goods returned to the Company contain any viruses;
8.3.3. all serial numbers of Goods are recorded and that proper records are kept to enable Goods to be traced and that the Company is allowed reasonable access to such records;

9. RISK AND TITLE

9.1. The Goods are at the Customer's risk from the time of delivery to the agreed address.

9.2. Title to the Goods will pass to the Customer only once payment has been received, in full, by the Company. In the event that Goods are passed or sold to a third party by the Customer, the Company's title rights remain protected, until such Time as full payment has been received by the Company. This condition merely reserves the title on such Goods for the benefit of the Company; it does not impose a charge on the Goods.

9.3. Payment referred to in Clause 9.2 includes payment of the Goods as well as all other sums which are or which become due to the Company from the Customer, on any account.

9.4. The Company shall be entitled to recover payment for the Goods even though title of any of the Goods has not passed from the Company.

9.5. Until title has passed to the Customer, the Customer must:
9.5.1. store the Goods (at no cost to the Company) separately from all other goods and goods of any third party in such a way that they are readily identifiable as the Company?s property.
9.5.2. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. At the Company's request, the Business Customer agrees to produce the relevant policy of insurance to the Company.
9.5.3. Where the Customer is a Business Customer, it shall hold the proceeds of the insurance referred to in Clause 9.5.2 on trust for the Company and not mix them with any other money, nor pay the proceeds into a bank account that is overdrawn.

9.6. The Business Customer's right to possession of the Goods will terminate if:-
9.6.1. the Business Customer has a bankruptcy order made against it or makes an arrangement or composition with their creditors or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal) nor enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a received and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for their winding up or for the granting of an administration order in respect of it, or any proceedings are commenced relating to their insolvency or possible insolvency; or
9.6.2. The Business Customer suffers or allows any execution, whether legal or equitable, to be levied on their property or obtained against them or they are unable to pay their debts within the meaning of Section 123 of the Insolvency Act 1986 or they cease to trade; or
9.6.3. The Business Customer encumbers in any way or charges any of the Goods which are the subject of these Conditions.

10. LIMITATION OF LIABILITY

10.1. All warranties, conditions and other terms implied by statute or common law (except for the conditions implied by Section 12 of the Sale of Goods Act 1979 but subject always to the provisions of clause 10.2) are, to the fullest extent permitted by law, excluded from the Contract.

10.2. Nothing contained in these Conditions exclude or limit the liability of the Company for fraudulent misrepresentation or for any death or personal injury caused by the Company's negligence or any statutory rights which are not permitted to be excluded by law.

10.3. THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSES 10.4 AND 10.4.5

10.4. Subject to Clause 10.1 and 10.2, the Company will not be liable to the Customer in contract, tort (including but not limited to negligence), misrepresentation or otherwise for any:
10.4.1. economic loss of any kind (including but not limited to loss of use, profit, anticipated profit, contracts, business, overhead recovery, machining costs, revenue or anticipated savings);
10.4.2. any damage to the Customer's reputation or goodwill;
10.4.3. any product recall or business interruption costs;
10.4.4. any loss arising from any downtime of the Company?s information technology (IT) systems; or
10.4.5. any other special, indirect or consequential loss or damage (even if the Company has been advised of such loss or damage) arising out of or in connection with the Contract.

10.5. Subject to the provisions of Clauses 10.1, 10.2 and 10.4, the Company's total liability in contract, tort (including but not limited to negligence), misrepresentation or otherwise arising out of or in connection with this Contract will be limited to the Contract price only.

10.6. The provisions of this Clause 10 shall survive the termination or expiry (for whatever reason) of this Contract.

10.7 The prices charged for the Goods are based STRICTLY on the understanding of the acceptance by the Customer of the provisions of the Contract for the limitation of the Company's liability. Should the Customer require the Company to accept additional liability this may be discussed between the parties and the price increased accordingly.

11. ERRORS & OMISSIONS

11.1. Whilst the Company makes every reasonable effort to ensure all prices and descriptions quoted by it are precise and accurate, on occasions where an error may occur, the Company is entitled to rescind any Contract, notwithstanding that it may have already accepted the Customer?s order. The Company's liability willthen be limited to the return of any money the Customer has paid relating to that order.

12. DATA PROTECTION AND PRIVACY AND SECURITY POLICY

12.1. The Company will take all reasonable precautions to keep the details of orders and payments secure. The Company will adhere to the principles of the Data Protection Act 1988 to uphold our Customer's privacy and protect the personal data provided by the Customer.

12.2. The Customer accepts and acknowledges that it has read the Company's Privacy and Security Policy, which shall apply to all dealings between theCompany and the Customer.

13. TERMINATION

13.1. The Company may, without prejudice to its rights and remedies already accrued, terminate an order accepted by the Company for the supply of the Products and Services forthwith in writing if the Customer commits a breach of these terms and conditions and such breach is not remedied within 14 calendar days after written notice from the Company specifying the nature of the breach or if the Customer commences to be wound-up (not being members voluntary winding-up for the purpose of amalgamation or reconstruction) or if the Customer carries on its business under a receiver for the benefit of its creditors or if the Customer being an individual or a firm such individual or a partner in such firm commits an act of bankruptcy.

14. FORCE MAJEURE

14.1 The Company shall be under no liability for any delay or failure of the Products to perform in the event that the manufacture, supply or delivery of the Products is prevented or delayed by any act or circumstances beyond the Company's reasonable control including but not limited to Act of God, legislation, war, fire, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a trade dispute or owing to any inability to procure materials required for the performance of contract

15. CONFIDENTIAL INFORMATION

15.1 The copyright in all the Technical Documents provided to the Customer or its employees in connection with the supply of the Products and Services is, unless otherwise indicated in writing by the Company, owned by the Company. None of the Technical Documents shall at any time be copied in whole or in part by the Customer or its employees, without the prior written consent of the Company.

15.2 Any confidential information, trade secrets or intellectual property relating to the Company's business or products which may be acquired by the Customer or its employees in the course of thesupply of Products and Services shall not at any time thereafter be disclosed by them to any other party, or used by the Customer or any of its employees without the prior written consent of the Company.

15.3 The Customer shall indemnify and keep the Company indemnified against any breach by the Customer or its employees for the provision of sub-clauses 15.1 and 15.2 and against all loss, damages, costs and expenses arising therefrom.

16. GENERAL

16.1. The Customer shall not without the prior written consent of the Company assign or transfer any Contract or any part of it to any other person.

16.2. Each right or remedy of the Company under these Conditions is without prejudice to any other right or remedy which the Company may have under these Conditions or otherwise.

16.3. The Company reserves the right to set-off for Account Customers, so that money owed to the Company by the Account Customer can be off-set against any money owed by the Company to the Account Customer.

16.4. Any notice or other document to be served under the Contract must be in writing and may be delivered or sent by prepaid first class post or facsimile transmission. Any notice or document shall be deemed served, if delivered at the time of delivery, if posted, 48 hours after posting and if sent by facsimile transmission, at the time of transmission (provided that a valid transmission report can be produced).

16.5. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

16.6. Failure or delay by either party in exercising any right or remedy provided by the Contract or by law will not be construed as a waiver of such right or remedy or a waiver of any other right or remedy.

16.7. Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

16.8. A person who is not a party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause 13.8 does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that act.

16.9. The Customer agrees that it will have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of the Company prior to the Contract upon which the Customer relied in entering into the Contract whether such statement was made orally or in writing.

16.10. The Contract will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

DELIVERY POLICY

Deliveries

Yanex Limited operates a stringent process for the management of its deliveries to ensure the highest possible levels of customer service are maintained throughout the delivery process.
In addition to this policy please refer to our Terms and Conditions of Sale.
What delivery options are available? In addition to occasional special offers and promotions advertised on the web-site, Yanex Limited offers the following options for delivery timescales:

Next Day Delivery - £9.95 (9am - 6PM)
Next Day Pre 12pm Delivery - £19.95
Standard Delivery - £8.95 (2-5 Working Days)

Next Day deliveries are available dependent on the supplying warehouse that the goods are being shipped from. No deliveries are available on a Saturday or Sunday (weekend) due to courier restrictions.

Orders placed before 3.30pm on a working day (except weekends and public bank holidays) will normally be processed that day and be delivered as per the agreed delivery option, provided that no additional security checks are required and providing that all items are in stock and available.

Please note that whilst these are our standard delivery charges, the exact price of shipping may vary depending on the quantity and weight of products being ordered and, occasionally, the dimensions of the product. The total cost of delivery will be calculated after the placing of your order where required. You will then be informed of the total cost and can either accept these or chose a cheaper delivery option or you have the option to cancel your order at this point. Yanex Limited does not currently ship products outside of the UK and any orders shipped to Northern Ireland must have a minimum order value of £3,000.

What happens after an order is placed and before the delivery is received? Once an order has been placed, our customers have visibility, via the My account area, of the progress of their order. Access to the My account area is via secure login at the website using your username and password provided at the time of purchase.

Other Information

On the Delivery of your Products

A signature is required for all orders upon delivery. If the packaging for any goods delivered to you is clearly damaged at the point of delivery you will need to sign for them as such and clearly note the damage on the Proof of Delivery note. Please note, we are unable to accept a claim for damage in-transit for any such goods if the proof of delivery has not been marked up in this manner at the time of delivery. This must be reported to Yanex Limited within 3 days of the date of the delivery.

If you are not available to receive the delivery, the courier will normally leave a card with their contact details. The goods may then be either collected from the local courier depot or arrangements made with the couriers for them to re-deliver. The maximum number of deliveries attempted by the courier company will not normally be more than two which will normally be on consecutive working days. The product will then be returned to Yanex Limited.

Any additional delivery attempts will be charged to the customer at the rates as explained under Delivery Options above. The return to Yanex Limited of any products through the customer's failure to accept a delivery will not entitle the Customer to cancel the order or terminate the contract.

Please note that in the unlikely event that you do not receive your goods after 48 hours of us informing you your order has been shipped, or a card from the courier company notifying you of a delivery attempt, please contact the Customer Services team. Failure to do so could result in your products being returned to our supplying warehouse within 5 days of the initial delivery attempt. This could result in a cancelled order with a restocking fee being applied and a deduction of the delivery charge from any refund due. The Company cannot accept any liability for cancelled orders resulting from an unsuccessful delivery attempt.

Delivery Amendments

Yanex Limited will dispatch goods to the address which corresponds to the address where the credit or debit card is registered and in the case of a Company Account, to the registered address or additional addresses notified to Yanex Limited at the time that the customer's account was created.
Please note that subsequent orders (after the first order) can, at our discretion, be to an alternative trading address for Customers with Customer Accounts, however, trading addresses must have been provided in advance of opening a Customer Account with Yanex Limited or subsequently notified to Yanex Limited prior to any deliveries taking place. Please note that any subsequent changes to trading addresses may incur a delay in deliveries pending the necessary checks. Once delivery is made, any supplier/manufacturer warranty will normally pass over to you and the contracted delivery is complete.

Couriers

TNT is the main courier company Yanex Limited use to distribute orders throughout the UK, however, other reputable courier companies may be used which include UPS, as well as some orders being sent via Royal Mails' Special Delivery service.

With an option of several delivery timescales and prices our customers may choose from, Yanex Limited will select the most appropriate method and carrier for delivery of your product which will be determined generally by the timescale which you have selected and the type of products being delivered. To ensure the integrity of our product and to minimise the risk of losses, our consignments are usually fully tracked; from the moment any products moves, the items are scanned up to and including the point of delivery (whether a successful delivery has taken place or not) and products are scanned back into the local delivery depot.

Tracking of Shipments

Additional information in respect of tracking your shipment can be obtained by contacting the Customer services team, who will establish the status of your shipment for you or where appropriate provide you with a tracking reference number.

Returns

In the unlikely event that you have any difficulty with goods you have been sent, you can contact the Yanex Limited Customer Service Team between the hours of 9am to 5:15pm Monday to Friday. Please click here to refer to the Returns Policy.

Please note that telephone calls may be monitored or recorded for quality assurance and/or training purposes.

RETURNS POLICY

Returns

Yanex Limited's returns policy ("this Returns Policy") is designed to offer an efficient and effective method of returning qualifying Goods, whilst maintaining a high standard of customer service. In addition to this Returns Policy you should refer to our Terms and Conditions of Sale.

To return Goods to Yanex Limited you must obtain an RMA (Return Materials Authorisation) number. It should be noted that you are obliged, by law, to take reasonable care of Goods which you may return whilst they are in your possession. If you return any Goods you will also need to return with the Goods all of the original packaging, together with all manuals, warranty cards and all accessories and documentation provided by the manufacturer. No returns can be accepted if any of the relevant packaging, accessories etc. are damaged or missing, or if an RMA number has not been obtained prior to sending back any product(s).

To ensure that your return request is handled efficiently and with least delay, please follow the procedures listed below when wishing to return Goods to us:

1. Obtaining an RMA

You may obtain an RMA number by contacting customer service on 0845 330 4848, or by emailing returns@yanex.com . Please inform customer services or type your RMA request in the email including the specific reason for the RMA request. Your email must contain all of the information below otherwise this may delay the return.

1. The Part Number and Serial Number of the Goods you wish to return.
2. The product description of the Goods you wish to return.
3. The reason why you are requesting a return including a detailed explanation.

Your enquiry should be responded to within a maximum timescale of 24 hours, however, in most circumstances you will receive an acknowledgement, and response, by the end of the working day that the you informed us. Your return request may be rejected or you may be asked for additional information in respect of the return request or you will be issued with an RMA number, which is valid for a maximum period of 5 days, enabling us to collect or you to return the product(s) and you will also be provided with the address to which you should send the return.

2. When can Products be returned?

The Company does not supply Goods on a "trial basis" and Customers are responsible for verifying suitability and compatibility of Goods BEFORE purchasing. Subject to the other terms of this Returns

- Where Goods are found to be faulty or damaged prior to delivery.
- Where the wrong Goods have been delivered by Yanex Limited.
- Where the Goods are materially different to the description we have given them prior to the Contract.

An RMA will only be issued if their manufacturer's packaging remains intact, completely undamaged by you and unopened, unless the fact that they are the wrong Goods or that there has been a mis-description could not reasonably have been determined without opening the packaging.

No returns shall be accepted in relation to Goods arising from fair wear and tear, wilful or accidental damage caused by the Customer, its employees or agents. Where Goods are delivered in more than one consignment, if the Goods in any one consignment are found to be faulty or are the wrong Goods or have been misdescribed, the Customer shall only be entitled to an RMA in relation to consignment affected.

An RMA will only be issued if it is requested within 3 working days of delivery of the Goods in question.

3. Returning your Product

Returned Goods must be packaged appropriately to ensure safe transit and clearly marked with the RMA number that you have been provided with on the outside of the posted package (i.e. not on the manufacturer's packaging or on any of the original packaging surrounding the product). You must include a note of your full name and business name and address to enable us to identify the Goods and include on that note, the following information:

- The Order Number that your return relates to.
- The Part Number and Serial Number of the Goods you wish to return.
- The product description of the Goods you wish to return.
- The reason why you are requesting a return including a detailed explanation.
- The RMA number you have been provided in relation to the Goods.

When you have been issued with a valid RMA, Yanex Limited may make arrangements for the Goods to be collected from you. Where a collection fails due to your error, Yanex Limited reserves the right to deduct from any refund any additional direct costs associated with that collection failure. Where you are returning Goods to us, you should use a reputable carrier and ensure the Goods are insured, since you will then remain responsible for loss or damage to the Goods during transit.

Where requested, Yanex Limited will endeavour to replace Goods which are subject to a valid RMA (once the Goods have been returned) but if a replacement is not possible, Yanex Limited will refund the full amount paid by the Customer for the Goods, less any deductions specified in this Returns Policy (if any).

Goods which are validly returned will take approximately 5 working days of receipt of the returned Goods to be processed. Where Goods are replaced, a credit note will be created for your account to the value of the Goods being returned and a new order will be created by us for the replacement Goods, which you can track in the usually way from the My Account area. Where a refund is given, it will be credited to the credit or debit card used for payment in the Contract under which the Goods were purchased or, for Account Customers, it will be credited to the appropriate Customer Account.

Any customer returning Goods which are not as per the returns request, shall not be entitled to a refund or replacement for the Goods or to a refund for any shipping costs incurred in returning the goods to Yanex Limited and shipping charges incurred by Yanex Limited may be charged to the Customer.

6. Other Important Information

- Consumables
In the case of consumables (such as toner, ink cartridges, drum and paper) where the suitability and/or compatibility of the Goods is ascertainable without breaking the factory seal, RMAs will not be provided nor Goods accepted for return if the factory seal has been broken.

- Software
Software that has been opened and is not faulty or damaged prior to delivery cannot be returned in any circumstances. Unopened software may be returned in accordance with this returns policy.

- Condition Goods Must Be Returned In You are entitled to return the goods to us for a full refund on condition that you take reasonable care of the goods until they are returned to us.
- Do not open shrink-wrapped or blister pack products or break any manufacturers seals.
- Return in good condition all packaging, manuals, cables etc.
- Return the Goods in a condition that would enable Yanex Limited to resell them as new.
- Statutory Rights

None of the foregoing shall affect your statutory rights.

Please note that telephone calls may be monitored or recorded for quality assurance and/or training purposes.

PRIVACY AND SECURITY POLICY

The Yanex Limited website is operated by Yanex Limited Limited. This policy statement covers all users who register to use the Yanex Limited website and all visitors to the website.

This Policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you or that you provide to us will be processed by us. For the purpose of the Data Protection Act 1998 the Data Controller is Yanex Limited of Yanex Limited House, Whitworth Court, Manor Farm Road, Runcorn, Cheshire, WA7 1WA

We are committed to protecting your privacy whenever you are using our online services. Whilst information collected enables us to offer a better service, we may use the data for a number of other purposes. Yanex Limited may therefore share any information it collects with other parties including its business partners, suppliers and financial institutions. Yanex Limited may also disclose information in response to court orders or summonses, governmental requests or other legal processes, or to otherwise protect Yanex Limited in respect of any legal or contractual obligations.

We may also disclose information (including personal information) to third parties in the event that we sell or buy any business or assets in which case we may disclose your data to the prospective seller or buyer of such business or assets or if Yanex Limited or substantially all of its assets are acquired by a third party in which case data held by it about its customers will be one of the transferred assets.

We collect information about you for two purposes, one, to process your order and two, to enable us to provide you with the best possible service. Yanex Limited collects general data, such as the number of and the web pages viewed. This information is aggregated with all the other visitor information and used to help us improve the visitor experience. For our registered visitors, your site behaviour characteristics are tracked and aggregated. This information includes business transactions conducted, and, depending on your business structure, may include personal data including email address, telephone numbers and date/time of visits to the website. When you use the site and have not advised us to the contrary, you are agreeing that we may use the information you have provided for the purposes set out in this policy statement.

1. Notice

During the registration process, we ask for personal information which both identifies you and enables us to communicate with you. We will use the information you provide for the following purposes:
- To send you newsletters and details of offers and promotions in which we believe you will be interested
- To improve the content, design and layout of the Yanex Limited website and to facilitate knowledge management
- To understand the interests and buying behaviour of our registered users
- To perform other general marketing and promotional activities focused on our products and services sold
- We may also register you for other services which we feel may be useful or of interest to you

This privacy and security policy only covers Yanex Limited website at www.Yanex.com, other links within this site to other websites or framed third party sites within the Yanex Limited site are not covered by this policy.

We may continue to use your personal information for a period after you cease being a registered user.

2. Consent and Choice

By accessing the website, registering and providing personal information, you accept the terms of this policy and consent to our using your information accordingly. If you choose not to register or not to provide personal information, you may still visit the Yanex Limited website but you will not be able to access the restricted areas available to registered users.

3. Access

We have provided an administration service (My Account) where you can review your personal information at any time to ensure it is correct and current. You will be able to update, correct, change or delete inaccurate details. You may also change your choice of opting in or out of marketing and promotional activities, although you may continue to receive mailings for a short period whilst this change is being processed. You have the right to ask for a copy of your personal information on payment of a small fee.

To process your order, we require your name, company and trading names, billing, trading and delivery addresses, phone number, email address and credit card information. We use this information to process your order and, if any questions should arise, to contact you about your order. We do our best to maintain the accuracy of any personal information you do supply to us.

You can help Yanex Limited update and maintain the accuracy of any personal information you supply by using the My Account pages or notifying Yanex Limited Customer Services department of any changes to your address, title, phone number or e-mail address. If we need to contact you, we will contact you via email first. If unsuccessful (or time is critical), we will try to contact you by telephone.

Any information provided by you will be used for Yanex Limited purposes only. However, Yanex Limited may need to provide your name and registered office address and/or delivery address to third parties that are involved in the processing of your order and/or for delivering specific services to you (for example, the financial institution that issued your credit card or the courier that delivers your order). In the course of processing your orders, Yanex Limited may do so by using the services of reputable companies based outside the European Economic Area (such as the in the United States of America) and your personal data (including your credit card details) may be exported to such companies in such countries solely for the purposes of Yanex Limited providing its services to you. Yanex Limited shall only do this where your personal data is covered by adequate confidentiality obligations and restrictions on further use.

Other than as set out above, your information will not be shared with individual or other companies (including direct mail organizations or other third parties) unless required by law.

4. Security

We have taken appropriate measures to ensure that your personal information is not unlawfully processed. Yanex Limited uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including firewalls and secure socket layers treats data as an asset that must be protected against loss and unauthorized access. However, no information transferred over the Internet or wireless network can be guaranteed to be completely secure. We employ various security techniques to protect such data from unauthorised access by users inside and outside the company.

5. Cookies

Yanex Limited makes extensive use of cookies to deliver a better interactive experience to the user during your visit to the website. These cookies are used to store your "session" data and to track your progress. Our cookies streamline the user experience and do not profile your system in any way. Because of this, the Yanex Limited website will not operate if you have a browser that either does not support cookies, or deliberately blocks them.
Our cookies are only accessible by the Yanex Limited website and data we collect is only ever used to enhance functionality and improve your experience as a user of the Yanex Limited website.

6. Minors

The Yanex Limited website is not intended for use by children and we ask that no-one under the age of 18 submits personal information to us.

7. Deletion of your Personal Data

We are unable to delete your Yanex Limited account information containing your personal information for a period of 6 years from the date of your last interaction with us (this could be a sales transaction, a return, or some other interaction with Yanex Limited via our Customer Services team or our online tools such as the My account facility). This is because we may need to access historical information for business reporting purposes. Please note however, that at any point in time you may opt in or out of marketing communications via the My Account section of this website.

8. Questions

If you find any inaccuracies in respect of information held about you, we will delete it or correct it promptly, as appropriate. The personal information that we hold will be held securely in accordance with our internal security policy and the law. If you have any questions about this privacy and security policy, or the use of your personal information, or if you wish us to stop using your personal information in any way, please write to:

Yanex Limited
Yanex House
Whitworth Court
Manor Farm Road
Runcorn
Cheshire
WA7 1WA

or email us at info@Yanex.com

Yanex Limited limited reserves the right to change this privacy and security policy, any changes will be posted on the website so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

WEBSITE TERMS OF USE

In accessing this website ("the Website") you accept the following terms and conditions. If you do not agree to these terms and conditions, please refrain from using the Website:

1.1. By accessing the Website, the user ("You" and where the context so admits, "Your") acknowledges that any orders then placed will be subject to the terms and conditions of sale of Yanex Limited ("the Company") from time to time.

1.2. You may not transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.

1.3. You may not transmit any information, software, email or attachment which contains in full or in part any virus, worm, Trojan Horse or other harmful component.

1.4. You may not restrict or inhibit use of the Website by any other person.

1.5. The Company will not be liable for any losses or damages resulting from the Website being unavailable at any time. The Company reserves the right to suspend the Website operation, temporarily or permanently and without notice.

1.5.1 The company will not be liable for possible for any loss of a direct or indirect or consequential nature (i.e. loss of profit or revenue etc.) in connection with the use of the Website, any material posted on it and any Websites linked to it.

1.6. All trademarks, copyright and any other intellectual property used on or in relation to the website are the property of the Company or licensed for use to the Company by a third party and these terms and conditions do not confer upon you any rights in or title to such intellectual property.

1.7. You agree to notify the Company in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party.

1.8. You shall not pass any security details (such as, but not limited to usernames and passwords) to third parties under any circumstances and shall treat such information as confidential.

1.9. On ceasing to represent or be employed by You, You shall ensure that any user does not use any supplied login information relating to You for accessing the Website.

1.10. You accept and acknowledge that any use of Your login information confirms that You consent to and authorise such use (including all orders and information placed in Your name).

1.11. You agree to indemnify, defend and hold harmless the Company from and against any claims, actions, demands or other proceedings brought against the Company by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of these terms and conditions.

1.12. The Company may, without prior notification, at any time amend or alter the Website and/or these terms and conditions. The modified terms and conditions of sale shall apply to any use of the Website after the date of such amendment.

1.13. You are referred to the provisions of the Company's Privacy and Security Policy which is set out on the Website. By using the Website you accept the provisions of that policy. You can visit the Website at www.yanex-store.com/sitepage/main.asp?sitepages=Security

1.14. Access; You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and that they comply with them.

1.15. Copies of the Website must not be downloaded or printed and the status of the Company as authors of the material on the Website must always be acknowledged (if indeed the Company is the author), that materials on the Website should not be used for commercial purpose without obtaining a licence from the Company. Any right to use the Website will cease immediately on any breach of the intellectual property provisions following which all offending copies must be returned or destroyed.

1.16. Commentary and other materials posted on the Website are not intended to amount to adviceon which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents

1.17. The terms and their interpretation are governed by English law and subject to the jurisdiction of the English Courts