Website Terms of Use

This page (together with the documents referred to on it) advises you of the terms upon which you may make use of our website www.durite.co.uk (“our Site”). Please read these Terms of Use carefully before you start to use the Site as they will apply to your use of our Site. By using our Site, you accept these Terms of Use together with our Privacy Policy and our Cookies Policy and you are agreeing to abide by them. If you do not agree to them, please refrain from using our Site. Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of England and Wales.

This document is only available in English.

Our business is the manufacture and supply of high quality auto electrical parts for the commercial and general vehicle aftermarkets on a strictly trade-only basis. We do not supply direct to retail users. Our products are supplied to the aftermarket through a network of nationwide distributors and we also supply several specialist manufacturers direct with Durite components as original equipment.

The following constitutes a legal agreement between a visitor to our Site ("you") and us with respect to our website service, the terms of which are set out below. By continuing to use the Site you represent that you have read, understood and agree to be bound by this Agreement. If you do not agree to (or cannot comply with) any of the below terms and conditions, please do not continue to access the Site.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make as such changes are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our Site.
Information About Us
1. www.durite.co.uk is a website owned by Durite Limited (“we”, “us”, “our”), a private limited liability company. We are registered in England and Wales under company number 373113 and we have our registered office at Durite Works, Valley Road, Dovercourt, Essex, CO12 4RX, England.
2. We are members of the Society of Motor Manufacturers and Traders.
3. We are registered with the Information Commissioner’s Office under the Data Protection Act 1988 under Registration Number Z5574740 .
4. Our VAT number is: GB461 746 773
Registering with Our Site
1. If you are a distributor, manufacturer or other commercial organisation and are interested in opening an account with us please call us on +44 (0) 1255 555200 or use our online form to be found on our Registration page. When you register with our Site, you confirm that you accept these Terms of Use and agree to our Privacy Policy.
2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
Your Access of Our Site
1. Access to our Site is permitted on a temporary basis. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
2. From time to time, we may restrict access to some parts of our Site, or to our entire Site.
3. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship between you and us is intended or created.
4. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5. The information contained in this Site is for general information purposes only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, up-to-date or suitable for your purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
Products on Our Site
1. You can order but not pay for any products you see on our Site and all purchases you wish to make can be made solely on our Terms of Business. Payment is to be made to us, delivery effected and all other matters determined in accordance with our Terms of Business.
2. Our prices are exclusive of VAT and delivery charges, which will be added to the total amount due before completion of your order.
3. All prices are provisional and are subject to alteration upwards or downward without notice according to our price or prices ruling at the date of invoice.
4. Our Site contains a large number of products and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a product's price is incorrect, we will charge the correct price when invoicing you.
5. The price to be paid by you for any products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you an invoice.
6. We cannot accept responsibility in any circumstances whatsoever for errors arising from orders placed through our Site or by telephone unless such errors are notified to us within three (3) days of delivery of the relevant order or, in the case of shortages or non-delivery, in accordance with the timeframes specified in the “Non-Delivery” section set out in our Terms of Business.
Communications via the Website

Where you are given the facility to enter information on to, or communicate via, the Site you agree to use the Site for lawful and civil purposes only and that you will not (nor allow others) to post or transmit any material which is offensive, racist, abusive, indecent, defamatory, obscene or menacing.
Our Right to Vary These Terms and Conditions
1. We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and Terms and Conditions in force at the time that you request any Information from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
Your Agreements

YOU AGREE that:-
1. we shall be entitled to withdraw any information from our Site if the Information is inaccurately described on the Site or where obvious errors have been made;
2. whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
3. you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
4. variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to use our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view any Information from our Site are your responsibility.
Misuse of the Site
1. We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re access the Site without our prior consent.
2. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
3. You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.
Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
Assignment
1. You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
2. We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
Limitation of Our Liability
1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  
  >  use of, or inability to use, our Site;
  
  >  use of or reliance on any content displayed on our Site;
  
  >  loss of profits, sales, business, or revenue;
  
  >  business interruption;
  
  >  loss of anticipated savings;
  
  >  loss of data;
  
  >  loss of goodwill;
  
  >  wasted management or office time;
  
  >  loss of business opportunity, goodwill or reputation;
  
  >  any indirect or consequential loss or damage; or
  
  >  for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
Information About You and Your Visits to Our Site
1. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you agree to ensure that any data you provide to us (such as the contact details you provide on registration) is true and accurate.
General
1. We have the right to withdraw any online resource, written materials or service and to remove all reference to the same from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such withdrawal.
2. The information we may provide to you on the Site is not to be taken as giving you any advice and you must not rely on it as being such. It is always possible that despite our best efforts some of the information on our Site may be incorrect. We shall not be responsible to you for damages or otherwise in respect of any error made in any online resource or written materials.
3. We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
4. The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. You are therefore recommended to put in place all appropriate safeguards before downloading information from this Site. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to [email protected].
5. We shall not be responsible to you for damages or otherwise in respect of any error made in Information on the Site.
6. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
7. Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
8. It is the responsibility of all third parties on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
9. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Intellecturual Property Rights
1. All intellectual property content on the Site including, without limitation, the design of the Site, its layout, look, appearance, trademarks, button icons, text, logos, graphics, images and all software and source code connected with the Site is owned by us or licensed to us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
2. You will infringe our rights if you copy or reproduce any part of the Site save for:
  1. a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
  2. you printing out any pages from the Site as a record of any Information you have requested or obtained from it; or
  3. you printing out a copy of these Terms and Conditions which we would request you to do; or
  4. your own personal use provided that:
    1. no documents or related graphics on the Site are modified in any way;
    2. no graphics on the Site are used separately from the corresponding text; and
    3. the Company's copyright and trade mark notices and this permission notice appear in all copies.
    Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.
3. For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
4. All trademarks reproduced on this Site, which are not the property of, or licensed to us, are acknowledged on the Site.
Disclaimers
1. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
2. While we endeavour to ensure that the Site content is correct, we do not warrant the accuracy and completeness of any information on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent professional advice to meet your requirements or circumstances. We may make changes to the Site content at any time without notice. The Site content may be out of date, and we make no commitment to update such material.
3. We will exercise reasonable skill and care in providing the Site and some Site content may be provided by third parties. We do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any Site content from whatever source. We accept no liability and we do not assume any duty of care to you in respect of any loss you may suffer as a result of your reliance upon any Site content.
4. You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any direct, indirect or consequential loss or special damages (including without limitation loss of business, opportunity, data, profits) that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
5. We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
6. Under no circumstances shall we be liable for any unauthorised use of the Site or the Information on it.
7. Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
Law and Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

You acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from our website www.durite.co.uk

Durite Limited is a limited liability company incorporated in England and Wales under company number 373113 and we have our registered office at Durite Works, Valley Road, Dovercourt, Essex, CO12 4RX, England.

Our VAT number is GB461 746 773.

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