Welcome to Maxiim Ltd’s Terms and Conditions.
Maxiim Ltd gives no authority (whether implied or expressed) to deep link to or frame any of the content which appears on our Website or to use a representation of the company’s trademarks as a link button without the express agreement of Maxiim Ltd.
This site complies with appropriate UK legislation and it is to be used only by persons who access it from within the UK and the services on this site are only available to UK residents.
"Personal Information" means the details provided by you on registration;
"Services" means services displayed for sale on the Website or other authorised publication;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 9.1;
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website or via other publication;
"Us/Our/We/Maxiim Ltd" means Maxiim Ltd Ltd., a company registered in Scotland under the number SC213667 with registered office located at 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL; VAT number 172 1761 17
"Website" means the website located at www.Maxiim.co.uk or any subsequent URL which may replace it; and "You/Your" means a user of the Website.
"Writing" includes e-mail, facsimile transmission and comparable means of communication.
COMMUNICATIONPlease read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via e-mail, We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A. GENERAL RIGHTS
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2. Your Obligations. You:
2.1. agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.2. agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3. will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4. will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.5. will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6. will not attempt any unauthorised access to any part or component of the Website;
2.7. agree that in the event that You have any right, claim or action against any other User arising out of that User’s use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.8. the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and
2.9. will notify us immediately of any changes to the Personal Information by contacting our Customer Service Team by email at : customerservices@Maxiim Ltd.co.uk
or telephoning 0871 900 0200 between 9am-5.30pm; and
2.10. will not attempt to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website or other literature, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. Our Rights
4.1. We reserve the right to:
4.1.1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2. change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2. We will use Our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3. We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such 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 content, Goods or Services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or canceling orders placed by such User.
17. Risk and Property
17.1 Risk of damage to or loss of the goods shall pass to You:
17.1.1 in the case of Goods to be delivered at Our premises, at the time when We notify You that the Goods are available for collection; or
17.1.2 in the case of Goods to be delivered otherwise than at Our premises, at the time of delivery or, if You wrongfully fail to take delivery of the Goods, the time when We have tendered delivery of the Goods.
17.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions the property in the Goods shall not pass to You until We have received in cash or cleared funds payment in full of the price of the Goods agreed to be sold by Us to You for which payment is then due.
17.3 Until such time as the property in the Goods passes to You, You shall hold the Goods as Our fiduciary agent and bailee, and keep the Goods separate from those of Your and third parties and properly stored, protected and insured and identified as Our property. Until that time You shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to Us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of Yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
17.4 Until such time as the property in the Goods passes to You, We shall be entitled at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith, to enter upon any premises of Yours or any third party where the Goods are stored and repossess the Goods.
17.5 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Ours, but if You do so all money owing by You to Us shall (without prejudice to any other right or remedy of Seller) forthwith become due and payable.
18. Intellectual Property and Right to Use
18.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied either as part of the Website or otherwise 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.
18.2. You acknowledge and agree that the material and content contained within the Website etc is made available for Your personal non-commercial use. Any other use of the material and content of the Website is strictly prohibited. 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.
19. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
20. Limitation of Liability
20.1 Subject to the conditions set out below We provide a Manaufacturer’s warranty that the Goods will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship for a period of twelve (12) months from delivery. We reserve the right, without prior notice, to discontinue any product or to change the design of a product.
20.2 The above warranty is given by Seller subject to the following condition:
20.2.1 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
20.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of Buyer are not affected by these Conditions.
20.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Us in accordance with Conditions, We shall be entitled to replace the Goods (or the part in question) free of charge or, at Our sole discretion, refund to You the price of the Goods (or a proportionate part of the price), but We shall have no further liability to You.
20.5 We shall not be liable to You by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Us, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by You, except as expressly provided in these Conditions.
20.6 Our obligations for any defect in the Goods shall not arise if You have attempted to rectify, alter or dismantle the Goods in any way.
20.7 We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Goods, if the delay or failure was due to any cause beyond Our reasonable control.
20.8 Disclaimer of Warranty, Title to Goods, Trademarks: We hereby expressly disclaim all warranties either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer in no way affects the term of any manufacturer’s warranty. The title to purchased goods is retained by Us until goods are paid for by You in full. We reserves the right to repossess any goods that have not been paid for in full and invoice You for any legal, delivery and restocking costs incurred. All trademarks published are the property of their respective companies.
20.9 No Consequential Damages: In no event shall We, our subsidiaries or affiliates, or our respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not We have been advised of the possibility of any such damages.
20.10 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website or provide to You, We make no warranties, whether express or implied in relation to its accuracy.
20.11 The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
20.12 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure 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 or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
20.13 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
20.14 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under Scottish law.
20.15 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
20.15.1 You should rely on the information (whether provided by Us or third parties);
20.15.2 We endorse the information, products or services provided by third parties; or
20.15.3 the product and services that We provide are suitable for You. It is Your responsibility to check this out. Some of the services on this site may not be available or may have changed.
20.16 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
20.17 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
20.18 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
20.18.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
20.18.2 any loss of goodwill or reputation; or
20.18.3 any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us;
20.18.4 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances
24. Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
26. Handling Complaints
28.1. There may well be occasions when you are unhappy with the service that We provided to You. In these cases, We will endeavour to be fair and efficient in handling any complaint You should have and to process Your complaint confidentially.
28.2. If You have a complaint, please send Us a letter to this address: Maxiim Ltd, Customer Services Department, 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL.
28.3. We will endeavour to give You an answer within five working days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint.
28.4. We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved
29.1. You may send us notices under or in connection with these Conditions:
29.1.1. by post to Legal Department, Maxiim Ltd, 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL;
29.1.2. by fax to Legal Department on 0871 900 0215
29.1.3. by telephone to Legal Department on 0871 900 0200
29.2. As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which will be sent within three working days of Our receipt and should be retained by You. Click here for the UK’s Official Trading Standards website. Or click here to see a copy of what they state. If you have any questions regarding these terms and conditions please do not hesitate to contact us: By telephone: 0871 900 0200. In writing: Address shown at the foot of this page Maxiim Ltd Ltd. Registered number 213667 19 Law Place, Nerston Industrial Estate, East Kilbride, G74 4QL