Venhill USA Terms and Conditions
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.
1. General
1.1 These terms apply to all goods supplied by Venhill USA, ("Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on this website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will attempt to send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we cannot accept your order (for example (but without limitation) because the goods are found to be damaged) we will attempt to notify you.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect to the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 6 below).
1.7 We reserve the right to cancel the sale if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2 If after acceptance of your order we discover that all of the goods are unavailable, we may cancel the sale and refund or credit you for any sum that has been paid by you for those goods. In these circumstances, we will attempt to inform you as soon as possible.
2.3 If after acceptance of your order we discover that some but not all of the goods are unavailable, we will not be required to supply those unavailable goods. In these circumstances we will attempt to contact you regarding the goods that are unavailable and offer you the option of cancelling the whole order, a portion of the order, or amending the order to substitute alternatives in place of the unavailable items. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order.
2.4 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If a pricing error is found in respect of any or all of the goods you have ordered, we will attempt to notify you as soon as possible regarding the issue and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
3. Payment
3.1 Payment for ordered goods and related delivery charges is a fundamental requirement of this agreement and is due when the order is placed, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address supplied when you place your order.
4.2 Supplier will attempt to process orders within 48 hours and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will attempt to inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 Every effort will be made to deliver the goods as per the order specifics after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will attempt to inform you of any delay.
4.6 Upon receipt of your order it is recommended to confirm that the goods have been received in good condition. If the package does not appear to be in good condition please refuse the delivery and/or notate the damage and/or condition with the carrier. Failure to do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of shipment.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your Right of Cancellation
6.1 You have the right to cancel the sale at any time prior to shipment of the goods. Please note that this policy has some limitations and does not apply to business customers.
6.2 To exercise your right of cancellation, you must contact the Supplier, providing details of the goods ordered and/or the order number.
6.3 Once you have notified the Supplier that you are cancelling the sale, the Supplier will refund or credit you within 30 days for any sum that has been paid by you for the goods.
6.4 You do not have the right to cancel the sale if the order is for custom/bespoke made hoses and/or cables.
7. Warranty
7.1 All new goods supplied by the Supplier are warranted free from defects as per the following matrix:
7.1.1 Powerhose Plus hose segments: Warranted for lifetime to the original purchaser;
7.1.2 Powerhose Plus fittings and accessories: Warranted for 12 months from date of receipt;
7.1.3 All other Venhill manufactured products: Warranted for 12 months from date of receipt;
7.1.4 Products supplied but not manufactured by Venhill: Warranted as per the relevant manufacturer policy
This warranty does not affect your statutory rights as a consumer.
7.2 If new goods develop a defect during warranty period, you should follow the Supplier's return procedure. In the event of a valid claim for a defect in the new goods, where clauses 7.4 or 7.5 do not apply, the Supplier will (at its option) either:
7.2.1 replace those goods;
7.2.2 repair those goods;
7.2.3 refund or credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's return procedure.
7.3 The warranties in conditions 7.1 above do not apply to any defect in the goods arising from normal wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier’s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
7.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing and return the goods to us in accordance with our return policy. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.
7.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 14 calendar days. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.
7.6 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8. Limitation of Liability
8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage results from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
10. Images
Product images are for illustrative purposes only and may differ from the actual product.
11. Returns
11.1 For all details of our returns policy and procedure please see the return policy web page.
11.2 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
11.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
12. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to Texas law and jurisdiction in respect of any dispute arising from the contract.