Terms and Conditions

FOURKAY Conditions of Sale

General

01. Vertical State Ltd trading as FOURKAY (FOURKAY) is a business to business reseller. In buying from FOURKAY you agree that you are buying goods or services only for business purposes. The liability provisions in conditions 28-32 below set out our responsibilities to you in more detail, but as a business customer, purchases you make from us will not benefit from the statutory protection available to consumers under the Sale of Goods Act 1979 (as amended) and related legislation.

02. We do business only under these Conditions of Sale. All other terms, including any which may be included with your purchase order, are explicitly refused. We are not obliged to accept any order that you place with us, or offer you credit.

03. Goods are subject to availability and may vary from those advertised.

04. You must decide before ordering if the goods are suitable for your needs; we do not accept any responsibility for assisting you with that decision.

05. Although we make reasonable checks to avoid errors occurring, please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order. Where we make a mistake we will give you the option to either: (i) cancel your order and obtain a refund of any sums paid in advance; and/or (ii) place the order again at the correct price/on the correct terms.

Prices and Payment

06. Our advertised prices include VAT. At the time you place your order, the price of the goods may have changed from the one advertised - please confirm the price before you order.

07. Registered account holders may be offered individual pricing that differs from the pricing available to website users who are not logged in to an account.  It is your responsibility to ensure that you are logged in to your account when placing an order as pricing will not be adjusted once and order has been placed and paid for.

08. We accept payment by credit or debit card and through PayPal. Payments are due and taken at the point of customer order, not on dispatch of goods.

09. We reserve the right to run a credit check with a relevant credit agency to validate any credit card account holder or delivery address details.

10. Under the Late Payment of Commercial Debts (interest) Act 1998 we can exercise our statutory right to charge interest and a compensation fee on any invoices overdue.

Delivery

11. We charge for all deliveries. Orders received by 2 pm on a working day are normally processed the same day. Orders placed at weekends or Bank Holidays are normally processed the next working day. Goods in stock are normally delivered within two working days after processing.   Please notify us in advance if you have any special delivery requirements – there may be an additional charge.

12. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must tell our sales team within 14 days of receipt or expected delivery.

13. Risk passes to you on delivery. After delivery you are responsible for protecting and insuring the goods against loss, damage or destruction.

Cancellation

14. You cannot cancel a submitted order after the goods have been dispatched unless this is agreed in writing by our authorised representative.

Returns & Errors

15. All our goods are sold to you with the benefit of the manufacturer's warranty. We will accept returns of faulty goods notified to us within 30 days of delivery, subject to the terms of the manufacturer's warranty. After 30 days you will need to deal with the manufacturer directly.  Please contact our sales team who will advise you on this.

16. An unwanted product can be returned within 21 days of delivery as long as it’s still in its original, unopened packaging. You cannot return unwanted items after 21 days of delivery, nor can you return items that have been used.

17. Unwanted products can be returned open as long as you let us know you want to return them within 14 days of delivery. They must include all original packaging, be in ‘as new’ condition and must not have been used, installed or had any data input on them.  Returns of such opened unwanted products are subject to a 15% restocking charge which will be deducted from your refund.

18. If goods are to be returned to us you must obtain an RMA (Returned Merchandise Authorisation) from our sales team. The RMA will be valid for 28 days. We will arrange for collection of the goods, which must be available for collection in their original packaging together with all accessories and manuals. We cannot accept unauthorised returns which do not have an RMA.

19. If you return goods, please ensure that you have backed up and/or removed your data as appropriate. We will not be responsible for any data that is lost or left on equipment.

20. Please note we do not accept returns of special purchase items, consumables or products that you agree in advance are non-cancellable or non-returnable (unless faulty).

21. The cost of return shipping will be deducted from the refund made on returned unwanted goods.

22. Without prejudice to condition 28 below, the remedies in this Returns section represent your sole and exclusive remedies in respect of any issues you experience with the goods/services provided by us.

Guarantee

23. You will get the benefit of the manufacturer's warranty in respect of all the goods we sell. Please note that we do not provide any warranties ourselves in respect of the goods, and that all other warranties and representations, whether express or implied, by statute, common law or of any other kind are hereby excluded to the maximum extent permitted by law. We may be willing however to sell you an additional top-up warranty to supplement the manufacturer's warranty. Please note that for domestic appliances and any goods designed for domestic use, using them for commercial purposes may invalidate the manufacturer’s warranty.

Clearance/2nd User Stock

24. A Clearance/2nd user product is deemed to be a product which is offered by FOURKAY at a discounted price compared to its original price where such products have been previously used or opened, have items missing or have damaged packaging. In addition, some may have been repaired.

25. Details of the status of such products are to be found on the website. FOURKAY makes no warranty in relation to the accuracy of the status of the relevant Clearance/2nd user product as set out in the description. Such products are sold on an 'as is' basis with no warranty or guarantee given by the Company other than the remaining manufacturer's warranty (if applicable).

Telephone Calls

26. We sometimes monitor or record telephone calls for training and security purposes.

Suspension and Termination

27. FOURKAY may cancel outstanding orders for goods without liability to you if any of the following events happen:

  • you fail to make any payment due to FOURKAY by the time it is due;
  • you have given any false or misleading information to FOURKAY;
  • you are insolvent;
  • your use of the goods/services is likely to cause the whole or part of the goods/services to be interrupted, damaged, rendered less efficient or in any way impaired;
  • you are in material breach of this Agreement.

Limitation of Liability

28. FOURKAY does not limit its liability to you for fraud, fraudulent misrepresentation or for death or personal injury caused by its own negligence or that of its employees, agents or sub-contractors.

29. We will accept the return of faulty goods for a period of 30 days from date of delivery (see Condition 15) and our liability will be limited to the repair or replacement of the goods.

30. Without prejudice to condition 28 above, we do not accept any liability (and hereby exclude all liability) for special, indirect or consequential losses of any kind or for any loss of profits, loss of revenue, loss of anticipated savings, loss of or corruption to data, loss or damage to goodwill, business or reputation (and in each case whether classified as direct or indirect and howsoever arising, including in relation to breach of contract or negligence).

31. Without prejudice to condition 28 above, FOURKAY's liability to you in respect of damage to tangible property resulting directly from its negligence or that of its employees, agents or sub-contractors is up to a maximum of £5,000 in respect of any one event or series of connected events.

32. Without prejudice to conditions 28 and 30 and subject to condition 29, FOURKAY's maximum aggregate liability to you under this Agreement shall be limited to the value of the goods or services giving rise to the claim. The parties agree that conditions 28 to 31 are reasonable given the other remedies offered under these Conditions of Sale.

Matters beyond FOURKAY's Reasonable Control

33. FOURKAY will not be liable for any delay in performing, failure to perform or deliver, or defective performance or delivery of any goods or services if such delay or failure is caused by circumstances beyond FOURKAY's reasonable control.

Law

34. This Agreement and any contracts made under it are subject to English law and English courts have exclusive jurisdiction in relation to all matters (whether based on contractual or non-contractual rights and obligations).

Waiver

35. No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights in relation to a breach of this Agreement operate as a waiver of any subsequent breach and no right, power or remedy given to or reserved to either party under this Agreement is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

Relationship

36. Nothing in this Agreement creates a joint venture, relationship of partnership or agency between the parties.  Except as expressly authorised under this Agreement neither party has authority to pledge the credit of or make any representation or give any authority to contract on behalf of another party. No customer employees shall be construed as being an employee of FOURKAY by virtue only of this Agreement or the performance of FOURKAY's obligations under this Agreement.

Severability

37. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.

Third Party Rights

38. This Agreement does not create or confer any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).

Assignment and sub-contracting

39. You may not assign your rights or obligations under this Agreement without our prior written consent. We may use subcontractors to perform all or some of our obligations under the Agreement but where we do so we will remain liable to you in accordance with this Agreement for their acts and omissions. We may on prior written notice to you assign our rights and obligations to a third party.

Entire Agreement

40. This Agreement, together with any contract documents we provide you, is the entire agreement of the parties relating to the subject matter. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties.  Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent it is incorporated into this Agreement.  Each of the parties agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement made prior to this Agreement.

Variations

41. If either party wishes to make any changes to this Agreement or the underlying terms of the contract for goods or services, they must be agreed in writing by an authorised representative of each party.

42. The latest version of these Conditions of Sale is available on the FOURKAY website. We reserve the right to change our Conditions of Sale from time to time and if we do so we will update the version on our website. Each time you place an order from our website you will be deemed to have agreed to the latest version of our website terms and conditions shown prior to placing your order.

Notices

43. Any notice required under this Agreement must be given in writing and in the English language and sent to the address of the party for which it is intended to be given, or such other address as has been notified to the other party in accordance with this condition 43 and be sent by hand, registered post or equivalent and unless delivered by hand (where it shall be deemed received on delivery) it shall be deemed to have been received three working days after the date of posting. In this condition, “working days” means Monday to Friday excluding public/bank holidays in the United Kingdom. Any notices for FOURKAY must be addressed to the Managing Director.

Time for Performance

44. We will always do the best we can to ensure we achieve any delivery dates agreed with you for the provision of the goods or services. However, time shall not be of the essence. We will use reasonable endeavours to notify you if we believe that our performance is likely to be delayed for any reason. We will not be liable to you where our performance of the contract is delayed because of your own acts and omissions or those of your employees, agents or contractors.

Intellectual Property

45. We (and/or our licensors and suppliers) shall retain all right, title and interest in any intellectual property rights in goods, software or services we supply to you under this Agreement.  Any intellectual property rights created in the course of the services shall belong to FOURKAY and/or its licensors and/or suppliers.

Company Details

46. FOURKAY is a trading style of Vertical State Limited. Registered office: 49 Sutherland Grove, London, SW18 5QP, United Kingdom. Registered in England and Wales under company number: 09950045.  VAT registration number GB 252 7649 84