Terms of use

1. Introduction

1.1 This website is owned and operated by Triathlon® Battery Solutions Ltd. We are registered in the UK (technically “England & Wales”) under number 10026276. Our registered office and trading address is at Unit 21, Westbrook Trading Estate, Westbrook Road, Trafford Park, Manchester M17 1AY, UK. Our VAT number is 235 7647 84.

1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site or if you buy from us over the telephone, face to face or via e-mail. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

1.3 You are not eligible to buy any goods via this site if:
a) you are under 18 years of age; or
b) you are a consumer (meaning that you are acting outside your trade, business or profession); or
c) it is unlawful for you to buy or use the goods in, or import them into, your country.

1.4 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

1.5 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.

2. Safety

2.1 The goods we sell via this site are potentially dangerous. It is your responsibility to ensure that the goods are used only:
a) in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and
b) by persons with the appropriate level of training, qualifications, skill and experience.

2.2 Any guidance or similar information which we ourselves make available on our service concerning the goods is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.

3. Discount codes

3.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Unless otherwise stated codes are only available for future new orders placed online, and can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

3.2 All discount codes refer to the price excluding delivery charges. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

4. Payment and price

4.1 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.

4.2 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.

4.3 Payment is in advance by the means stated on our website. Dispatch of the goods is subject to our receipt of full payment in cleared funds.

4.4 You must contact us immediately with full details if you dispute any payment. 4.5 If any amount due to us is unpaid, or unjustifiably charged back, we may charge you:
a) a reasonable additional administration fee;
b) the amount of any third party charges imposed on us; and/or
c) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998. We may also cancel this agreement on written notice (including email).

5. Your order

5.1 Your order is an offer to buy from us. A binding legal contract is formed when we accept your offer as stated below.

5.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

6. Acceptance / Unavailability

6.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

7. Delivery

7.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.

7.2 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.

7.3 We will use our reasonable endeavours to arrange delivery within the time specified on our website or, if none, a reasonable period. We have no liability for any losses arising from delay in delivery.

7.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you do not, or if you are not available to receive the attempted re-delivery, then we are entitled to impose a reasonable administration charge. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available and are not responsible for any consequent loss or damage.

7.5 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.

8. Risk and ownership

8.1 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.

8.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf and you must identify the goods as ours and keep them separate from your other goods.

9. Quality

9.1 We warrant (“the Warranties”) that (subject to the other provisions of this agreement) upon delivery, and for a period of twelve months thereafter, the goods will:
a) be of satisfactory quality; and
b) be reasonably fit for your purposes for which the goods have been bought and of which we have express knowledge.

9.2 We shall not be liable for a breach of any of the Warranties unless:
a) you have complied with your inspection obligations set out above;
b) you have given us written notice of the defect within ten working days of the time when you discover or ought to have discovered the defect; and
c) we are given a reasonable opportunity after receiving the notice of examining such goods and (if we asked you) you send the relevant goods at our expense to the location specified by us to enable the examination to take place.

9.3 We shall not be liable for a breach of any of the Warranties if:
a) you make any further use of such goods after giving such notice;
b) the defect arises because you failed to follow the instructions as to the storage, installation, use or maintenance of the goods;
c) you have not paid the total price for the goods by the due date for payment; or
d) you alter or repair such goods without our written consent.

9.4 Subject to the foregoing, if any of the goods do not conform with any of the Warranties, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.

10. Liability

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

10.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

10.3 The following apply:
a) In this clause, any reference to us includes our employees and agents.
b) Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
c) In no event (including our own negligence) will we be liable for any:
) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
) loss of goodwill or reputation;
) special, indirect or consequential losses; or
) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
f) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

11. Intellectual property rights

11.1 All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

12. Privacy

12.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link].

13. Your content on our site

13.1 If we allow you to upload any content to this website, you must ensure that such information is accurate, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.

13.2 We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.

14. Security

14.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

15. Availability of our site

15.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.

16. Third party websites

16.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

17. “Act of God”

17.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

18. English law

18.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

19. General

19.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

20. Complaints

20.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.