The Baktrak website is operated by Door Security Systems Limited referred to as DSS Limited. As a user of this website you acknowledge that any transactions you make are subject to our terms and conditions below (Dated: 23-6-2016)
• Read through these terms and conditions carefully before using this website
• Print a copy for future reference.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date above) and it is your responsibility to read the terms and conditions and your use of the website shall signify your acceptance to be bound by the latest terms and conditions.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and Refunds).
3.1 The delivery cost calculated on this website is for delivery of products to customers world wide and determined by the accumulated weight of the order and one of three world wide delivery zones.
3.2 We reserve the right to restrict these services at any time. We reserve the right to alter or amend delivery times in exceptional circumstances. All delivery times quoted are subject to stock availability and delivery location.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
4.1 We take payment from your PayPal account at the time we receive your order. Once we have checked your payment details and stock availability, goods will be dispatched subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. In the event that we are unable to supply the ordered goods a full refund will be given where you have already paid for the goods.
4.2 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
a) While we try and ensure that all prices on our website are accurate, however errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel before the goods are shipped and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by any method specified on the website.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in UK GBP (£) and include VAT at the applicable current rates.
5. Returns, Cancellations and Substitutions
5.1 We offer a 7-day money back guarantee, please refer to Returns and Refunds. In the unlikely event that you receive faulty or damaged goods, please also refer to our Returns and Refunds section.
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, DSS Limited will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website DSS Limited will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and DSS Limited accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, DSS Limited will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• special or indirect losses
• suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 DSS Limited’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 If you are planning to use the products for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 DSS Limited shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by DSS Limited.
8.6 DSS Limited reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) DSS Limited shall have the right to enforce any rights or benefits under these terms and conditions;
b) DSS Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) A person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by DSS Limited to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of DSS Limited.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and DSS Limited relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and DSS Limited for your use of this website.
The BakTrak website is operated by:
67 Lower Icknield Way
Registered in England: 2795698
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the BakTrak website, please do not hesitate to contact us, see the Contact page on the web site for full contact details.
9. Returns and Refunds
9.1 We’re committed to manufacturing & selling high-quality products that we hope you’ll enjoy using. Please make sure that you check your items carefully before they are used. We also recommend that you keep your receipt, as you might need it as proof of purchase in the event of any after-sales queries.
9.2 In the event that you are not happy with your purchase, please email us at: firstname.lastname@example.org within 2 working days of receipt.
9.3 All items to be returned at your expense, in good order and in the original packaging. Goods should be packaged with extreme care to avoid damage in transit. We will not issue a refund if the goods are received damaged through poor packaging.
9.4 Your rights to return goods where appropriate are protected under the EU Distance Selling Directive which means you have the right to cancel the purchase within 7 working days after the day you receive the item. DSS Limited will not be responsible for the cost of postage to return the item.
9.5 Please contact us first by email before returning any items, giving a telephone contact number. If applicable your refund will be paid within 30 days, however you are responsible for the cost and risk of loss or damage, when returning the items, so you should ensure you have sufficient postal insurance to cover the value of any items that may be lost. We recommend that all returned goods are sent via a Tracked & Signed delivery service.