Legal Notice and Terms & Conditions
Thank you for considering SwiftLink for your NFC business card needs. We understand that this may seem like a lot of information, but it's essential, so please take the time to read and understand these conditions before agreeing to them.
DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract: refers to any contract for the sale of goods and/or supply of services between SwiftLink and you, which incorporates these Conditions.
Conditions: means the standard terms and conditions of sale set out below, including the Returns Policy and any special terms and conditions confirmed in writing by SwiftLink.
Goods: means the goods and/or services that SwiftLink shall supply in accordance with these Conditions under an accepted order.
Returns Policy: means the standard terms and conditions applicable when Goods are returned to SwiftLink and are hereby incorporated into these Conditions.
We: refers to SwiftLink, and "us" and "our" shall be interpreted accordingly.
You: means the person placing an order for the Goods and entering into the Contract with SwiftLink, and "your" shall be construed accordingly.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Where rights and decisions are at SwiftLink's discretion, we shall not be obligated to justify or provide reasons for the decisions.
1.4 SwiftLink will not unreasonably withhold or delay consent where our prior written consent is required in these Conditions.
1.5 All rights expressly reserved or granted by SwiftLink under these Conditions are without prejudice to any other rights we may have.
BASIS OF SALE
2.1 These Conditions (as updated by SwiftLink from time to time) form the entire agreement. No variation of these Conditions shall be binding unless agreed in writing by SwiftLink. Your orders are subject to the policies and terms in place at the time you place an order with us.
2.2 Our employees and agents are not authorised to make any representation concerning the Goods unless confirmed in writing by SwiftLink. By entering into a Contract, you acknowledge that you have not relied on any such representations not confirmed in writing.
2.3 If Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by SwiftLink to deliver any instalment shall not entitle you to cancel any other instalment.
2.4 All specifications, drawings, and particulars of weights, dimensions, and performance issued by SwiftLink are approximate only.
2.5 SwiftLink reserves the right to withdraw any offer or special promotions without notice. In such cases, if you have already placed an order under accepted Conditions, we will provide you with a full refund for any money received.
ORDERS AND SPECIFICATIONS
3.1 Your order represents an offer to purchase the Goods, which is accepted by SwiftLink when we issue you written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order, you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come, first-served basis as we are unable to reserve Goods. SwiftLink reserves the right to refuse to accept an order.
3.2 If SwiftLink reasonably believes you intend to resell the Goods, we reserve the right to refuse your order. In such cases, if we do accept your order, we will treat you as a commercial customer and:
The rights afforded in clause 10 (Your Right to Cancel) will not apply.
The terms of our Returns Policy will be withdrawn.
We will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt.
We will charge a reasonable handling fee, excluding packaging and/or delivery costs for which you shall be liable and which will be confirmed before your order is accepted.
We may make other necessary amendments to these Conditions and only accept an order upon acceptance of the same.
3.3 You are responsible for ensuring the accuracy of the terms of any order submitted by you and providing SwiftLink with any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for costs and expenses incurred due to inaccurate information submitted by you or as a result of network failure for orders placed by mobile telephone.
3.4 If the Goods are to be manufactured or processed according to a specification submitted by you, the terms of Clause 10 (Your Right to Cancel) shall not apply. You shall indemnify SwiftLink against all loss, damages, costs, and expenses related to any claim for infringement of intellectual property rights resulting from our use of your specification. SwiftLink reserves the right to make changes in the specification of the Goods to conform with applicable statutory or EU requirements.
PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by SwiftLink at the time the order is placed.
4.2 While we try to ensure all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you and give you the option to re-confirm the order at the correct price or cancel it. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that SwiftLink is unable to supply the Goods at the price or specification stated in the order, we will notify you of any changes and may offer substitute goods. You are not obliged to accept any substitute Goods and will be entitled to a full refund if you confirm that the substitute Goods are not acceptable.
4.4 The price is inclusive of any applicable value-added tax or other sales tax at the rate in force. Packaging or delivery costs for which you shall be liable will be confirmed before your order is placed.
TERMS OF PAYMENT
5.1 Please refer to SwiftLink's Payment Options for our payment terms.
5.2 Failure to make any payment on the due date may result in SwiftLink cancelling the Contract or suspending further deliveries to you. In such cases, we reserve the right to charge you a reasonable amount of interest on the amount unpaid at the rate of 10%.
5.3 If a cheque or credit card payment is dishonoured by your bank or credit card provider, they may charge a fee. Any fees or liabilities incurred by SwiftLink due to a dishonoured payment will be reimbursed by you.
5.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If your payment card issuer refuses to authorise payment to SwiftLink, we will not be liable for any delay or non-delivery. We may validate the information provided during the order process against commercially available records, and by placing an order, you consent to such checks being made. Failure to comply with custom requirements and duties may result in delayed delivery times, and you agree to reimburse SwiftLink against all costs and expenses incurred as a result.
DELIVERY
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 SwiftLink aims to provide you with an approximate date on which the Goods will be ready for collection or delivery. If the date of delivery may be delayed, we will notify you as soon as possible and provide you with a revised date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by SwiftLink. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 In the event SwiftLink fails to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 SwiftLink reserves the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address you may provide. We may attempt to deliver Goods to any such alternative address at our discretion and shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. If we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days or following three attempts by us (whichever is earlier) due to reasons reasonably considered your fault, we may, at our discretion, refund the sum paid by you and cancel the Contract.
6.5 If you fail to take delivery of the Goods or fail to provide adequate delivery instructions at the time stated for delivery, SwiftLink reserves the right to store the Goods until actual delivery and charge you for the reasonable costs, including insurance, of storage or subsequent delivery charges that we may incur.
6.6 You will be liable for all customs requirements and duties for delivery of Goods outside the EU. SwiftLink accepts no responsibility for these requirements and duties, and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. SwiftLink shall not be liable for delayed delivery times due to packages being inspected by customs. If SwiftLink incurs any liability due to your failure to comply with custom requirements and duties, you shall reimburse us for all loss, damages, costs, and expenses incurred.
RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to you when the Goods are delivered or, if you fail to take delivery of the Goods, when you have collected the Goods.
7.2 The transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until the ownership of the Goods passes to you, and where you fail to pay for the Goods in accordance with these Conditions, SwiftLink may require you to deliver the Goods to us and may seek a court order to repossess the Goods if you fail to do so.
WARRANTIES AND LIABILITY
8.1 Subject to the express provisions in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the applicable consumer protection laws), all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law. If the Goods are sold to a person dealing as a consumer, SwiftLink warrants that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction, your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from the relevant consumer protection agency.
8.3 The warranty in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4 If the Goods do not conform to these Conditions, please inform SwiftLink as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost. Once we have checked that the Goods are faulty, we will either provide you with a full or partial refund, replace the Goods, or repair them.
8.5 Subject to clause 8.6 and clause 8.7, if either party fails to comply with these Conditions, neither party shall be responsible for any losses that the other party may suffer as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
8.6 Subject to clause 8.7, neither party shall be responsible for losses that result from a failure to comply with these Conditions, including loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, or any waste of time. However, this clause 8.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.7 Nothing in these Conditions excludes or limits in any way SwiftLink's liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by applicable laws, or any defective products under the relevant product liability laws.
GENERAL
9.1 Neither party shall be liable to the other or deemed to be in breach of the Contract due to a delay or failure to perform any of their obligations if the delay or failure is due to an act or cause beyond their reasonable control.
9.2 These Conditions do not confer a benefit on any third party.
9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
9.4 SwiftLink may not take action against you for any breach of the Contract, and it shall not prevent us from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5 If any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed, and the validity of the remainder of the Conditions shall not be affected.
9.6 The Contract and these Conditions shall be governed by the laws of [Your Jurisdiction], and you agree to submit to the exclusive jurisdiction of the courts of [Your Jurisdiction].
9.7 SwiftLink reserves the right to monitor and record telephone calls our staff receives and makes to monitor staff performance and ensure the highest service possible is provided to our customers.
9.8 The copyright in all photographs, images, and descriptions contained on SwiftLink's website are owned by SwiftLink and may not be reproduced without our express consent.
9.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
9.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. SwiftLink can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
YOUR RIGHT TO CANCEL
10.1 You have the right to cancel an order within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good within the relevant order.
10.2 To exercise the right to cancel, you must inform SwiftLink by email at sales@swift-link.com of your decision to cancel your order by a clear statement. We will communicate to you an acknowledgment of receipt of such a cancellation on a durable medium (e.g., by email) without delay.
10.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.4 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
EFFECTS OF CANCELLATION
11.1 If you cancel any order, SwiftLink will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by SwiftLink). We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you (for example, wear and tear or damage). You are only liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.
11.2 We will make the reimbursement without undue delay and not later than:
(a) 14 days after the day we receive back from you any Goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
11.4 You shall send back the Goods or hand them over to SwiftLink without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the relevant order to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
11.5 You will have to bear the direct cost of returning the Goods.
CUSTOMER SERVICES
17.1 In the unlikely event of an error with your parcel, you must notify SwiftLink within 48 hours of receipt of the parcel. If there is an error with your parcel or its contents, SwiftLink will send you an email for you to return to confirm the error with your parcel or its contents. Once this is received, SwiftLink will investigate the issue and resolve it.
17.2 You must notify SwiftLink within 14 days of placing your order if you have not received your parcel.
If you have any further questions or need assistance, please feel free to contact our customer support team at sales@swift-link.com or 0800 9987677.
Thank you for choosing SwiftLink. We look forward to serving you with exceptional products and services.