TERMS & CONDITIONS

1. DEFINITIONS

"Account Transaction"	a Business Transaction where you have previously set up on account in accordance with clause 4 and you have specified the transaction is to be on the credit terms Firscall makes available to You in accordance with Your account
"Business Transaction"	any transaction other than a Consumer Transaction such whether or not You have opened an account with Firscall in accordance with clause 4
"Consumer Transaction"	a transaction where payment is to be made by credit or debit card and you are not purchasing goods for the purposes of your (or someone else's) business
"Goods"	any goods which Firscall is to supply to You under these Terms and Conditions
"Firscall", "We", "Us", or  "Our"	Firscall Office Supplies a trading style of Swallow Tapes Ltd whose registered office is at Photon House,Percy Street,Leeds,LS12 1EG
"Manufacturers'   Warranties"	warranties provided to You by the manufacturer of the Goods
"You" and "Your"	the person ordering goods from Firscall.

IMPORTANT: FIRSCALL HAVE PREPARED THESE TERMS AND CONDITIONS ON THE ASSUMPTION THAT IF YOU PURCHASE GOODS FROM THIS WEBSITE BY ENTERING INTO A CONSUMER TRANSACTION THEN YOU WILL NOT BE PURCHASING FOR THE PURPOSES OF YOUR BUSINESS OR ANYONE ELSE'S. CONSEQUENTLY, ONLY THOSE TERMS WHICH ARE HIGHLIGHTED IN RED WILL APPLY TO CONSUMER TRANSACTIONS ONLY. ALL THOSE TERMS HIGHLIGHTED IN BLUE APPLY TO BUSINESS TRANSACTIONS. ALL OTHER TERMS APPLY EQUALLY TO BOTH CONSUMER TRANSACTIONS AND BUSINESS TRANSACTIONS.

2. OUR CONTRACT

2.1 - Our website invites You to buy goods from Us. All orders accepted by Firscall will be strictly on the basis of these Terms and Conditions. A legally binding contract between Firscall and You will only come into existence in the following circumstances:

	2.1.1 - where the transaction is an Business Transaction, a binding contract will come into existence when Firscall sends an order confirmation by e-mail to the e-mail address supplied by You on the order form (whether or not You receive the order confirmation); or
	2.1.2 - where the transaction is a Consumer Transaction, a legally binding contract will come into existence when Firscall has debited Your credit or debit card in accordance with clause 5.2.2. We will still send You an order confirmation either by:

	2.1.2.1 - (where orders are placed over the internet) e-mail to the e-mail address supplied by You on the order form; or,
	2.1.2.2 - (where orders are placed verbally by telephone) normal post to the postal address supplied by You verbally over the telephone.

3. PRICE

3.1 - Subject to clause 3.4 the price of any goods ordered by You will be the price shown on the order form on Firscall's website at the time You place Your order or for telephone orders the price quoted to You verbally over the telephone by Our sales representative.

3.2 - The prices of all Goods published on the website are displayed both inclusive and exclusive of Value Added Tax (VAT). VAT is chargeable on all Goods purchased using this website unless otherwise stated and will be calculated on Your order form automatically, or where You have placed Your order verbally over the telephone, VAT will be included in the total price quoted to You verbally over the telephone by Our sales representative.

3.3 - In addition to the price, a delivery charge will be payable by You. Subject to clause 3.4 the amount of the delivery charge will vary depending on the delivery service You request. The relevant delivery charge will be shown on the order form at the time You place Your order or (for telephone orders) will be that charge quoted verbally over the telephone by Our sales representative.

3.4 - Prices are subject to daily change and We make considerable efforts to update Our website as soon as reasonably possible to reflect these changes. If the price and/or delivery charge on Your order form is no longer up to date You will be contacted using the contact details provided by You on the order form (or by telephone) and advised of the new price and/or delivery charge before Your order is processed. At the time You will have the option to either continue with the purchase; or, cancel Your order by following the instructions supplied by Us at the time.

4. OPENING AN ACCOUNT

4.1 - To open an account with Firscall which will enable you to make Account Transactions you must first complete the application form on Firscall's website. You will not be able to make Account Transactions unless and until Firscall have accepted Your application and registered You as an account holder.

4.2 - To be eligible to become an account holder You must be VAT registered and open the account in the name of your business or company.

4.3 - Firscall have complete discretion in deciding who will be permitted to open an account and Firscall reserve the right to decline a new registration or cancel a registration at any time.

4.4 - If Your application is accepted You will be given a username and password to be entered when You wish to enter into an Account Transaction. We aim to provide these details on the same day You submit Your application.

5. PAYMENT

5.1 Business Transactions

5.1.1 - In respect of any Business Transaction which is not an Account Transaction, we will debit Your credit or debit card automatically when We accept Your order in accordance with clause 2.1.1. 5.1.2 - The following payment terms apply to all Account Transactions:

5.1.2.1 - Firscall may invoice You for the Goods at any time on or after delivery; 5.1.2.2 - payment is due in full within 30 days of the date of the invoice; 5.1.2.3 - time for payment shall be of the essence; 5.1.2.4 - if for any reason You fail to make any payment on the due date then without prejudice to Our rights at clause 10, We reserve the right to charge You interest on the unpaid amount(s) at the annual rate of 4 % above Firscall's bank's base rate from time to time until payment is received in full. Interest charges will be calculated daily.

5.2 Consumer Transactions

5.2.1 - All transactions which are not Business Transactions will be treated as Consumer Transactions and the payment terms in clause 5.2.2 will apply. 5.2.2 - We will debit the sums payable under clause 3 when We accept Your order in accordance with clause 2.1.2.

6. NO OBLIGATION GUARANTEE FOR CONSUMER TRANSACTIONS

6.1 - This clause 6 will only apply to Consumer Transactions.

6.2 - At any time between placing Your order and Firscall delivering Your Goods You can change Your mind about purchasing the Goods and withdraw Your order. There is no charge for doing this. To withdraw Your order simply notify Firscall with Your order number either in writing, via email or by calling the Customer Services telephone number given on Our website.

6.3 - Except where the Goods are defective (please refer to clause 11 for instructions on what You should do) once You receive the Goods You are entitled to return them to Firscall for any reason within 7 days of the date of delivery to You, provided that:

6.3.1 - You notify Us of your intention to cancel stating Your order number either in writing, via e-mail or by calling the Customer Services helpline shown on Our website; 6.3.2 - You will be responsible for the costs of returning the Goods to Firscall; and 6.3.3 - the returned Goods are received by Firscall in the same condition they were delivered to You.

6.4 - If You return the Goods or cancel Your order under clause 6.1 or 6.2 We will reimburse any sums received from You as soon as possible and in any event within 30 days by recrediting your debit or credit card.

7. AVAILABILITY OF PRODUCTS

7.1 - If any product is not in stock and cannot be delivered to You within 30 days of the date of Your order, we will contact You (using the means by which We sent Your order confirmation) giving You details of the likely delivery date. We may also give You the option of purchasing similar goods as a substitute to Your goods ordered such as those of a different brand where applicable. If You would rather not wait or You do not want to accept substitute goods in accordance with this clause You will have the right to cancel Your order at that time.

7.2 - If for any reason We have taken payment for Your order We will recredit Your credit or debit card in full if You decide You want to cancel Your order under clause 7.1 (above).

8. PRODUCT DESCRIPTIONS

8.1 - Whilst We have made all reasonable efforts to provide accurate product information on Our website, We cannot warrant that any information provided is accurate. If You are in any doubt as to the precise nature of the product You wish to order, You are advised to call our Customer Services telephone line to discuss the product with one of our sales advisors. If for any reason You find the Goods delivered to You do not match the description given on the website You will have the option to return the Goods in accordance with our returns policy at clause 10.

9. DELIVERY

9.1 - If You have chosen to collect the Goods at Firscall's premises, delivery will be deemed to have occurred at the moment Firscall notifies You the Goods are ready for collection. Otherwise, Firscall will deliver Your Goods to the address in the UK You have either provided on the order form or (for orders placed by telephone) which You have given to Our sales representative over the telephone. We will use reasonable endeavours to ensure delivery is made in accordance with the delivery method you have chosen on the website. Delivery be deemed to have occurred:

9.1.1 - in the case of Business Transactions, as soon as we pass the Goods to the independent carrier; and 9.1.2 - in the case of Consumer Transactions, at the point where the Goods are passed to You by the independent carrier. In any event, we will ensure that delivery is made within 30 days of Your order or We will contact You in the same way as in clause 7.1 giving You the option to cancel Your order. In any event within 30 days of the day after Your order was placed unless agreed otherwise between Us and You.

9.2 - Responsibility for loss and/or damage to the Goods will pass to You at the moment delivery occurs in accordance with clause 9.1 (above) or, where You have chosen to collect Your Goods from Firscall's premises, at the moment where the Goods are handed over to You.

9.3 - If there is no-one at the delivery address to take delivery of Your Goods, We will leave notification of Our visit and will do the following:

9.3.1 - attempt to re-deliver the Goods at a later date; or 9.3.2 - leave instructions of where You may collect the Goods; or 9.3.3 - return the Goods to Firscall's premises and contact You to re-arrange delivery at a mutually convenient time and the cost of which You may be liable for.

9.4 - On delivery You are required to check the delivery note to ensure that the Goods are in accordance with Your order. Any shortages or damage to goods must be notified to Firscall in writing within 3 days of delivery.

10. OWNERSHIP OF THE GOODS

10.1 - This clause 10 only applies to Business Transactions.

10.2 - Ownership of the Goods shall not pass to You until Firscall has received in full all sums due to it in respect of:

10.2.1 - the Goods; and 10.2.2 - all other sums which are or which become due to Firscall from You on any account.

10.3 - You grant Firscall, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where Your right to possession has terminated, to recover them.

11. DEFECTIVE GOODS

11.1 - Provided that you comply with the requirements set out in clause 11.3, Firscall will honour the Manufacturers' Warranties for Goods supplied by Us to UK addresses for upto 3 months after delivery.

11.2- Details of the Manufacturers' Warranties for particular goods are available on request prior to ordering, otherwise details can be obtained from the Manufacturer.

11.3 - Firscall will only accept the return of defective goods where:

11.3.1 - You have notified Us with Your order number either in writing, by e-mail or by calling the Customer Services helpline shown on Our website following which We will supply You with a Goods Returned Number; and 11.3.2 - You return the defective Goods in the original packaging together with:

11.3.2.1 - a written explanation of the alleged defect; 11.3.2.2 - the Goods Returned Number issued to You in accordance with clause 11.3.1; and 11.3.2.3 - (where appropriate), print samples produced using the alleged defective Good(s).

11.4 - All Goods returned must be securely packaged. Firscall will be responsible for refunding to You the reasonable costs of carriage for returning the Goods. Otherwise, when You contact Us in accordance with clause 11.3, We will make suitable arrangements for the Goods to be picked up from the address to which We delivered the Goods. Firscall accepts no responsibility for loss or damage in transit where defective Goods are being returned by You.

11.5 - If You fail to comply with clause 11.3, Firscall may return the Goods to You at Your expense.

12. BUSINESS TRANSACTIONS - LIABILITY

12.1 - This clause 12 will only apply to Account Transactions.

12.2 - To the maximum extent permissible in law, all conditions and warranties which are to be implied by statute or otherwise by general law into these Terms and Conditions or relating to the Goods are hereby excluded.

12.3 - To the maximum extent permissible in law We shall in no circumstances be liable to You for any loss of an indirect or consequential nature including pure economic loss, loss of profit, loss of data, loss of business and like loss.

12.4 - To the maximum extent permissible in law, Our total liability to You shall not exceed the total price of the Good(s) ordered and paid for by You in relation to which there is a dispute between You and Firscall.

1.3 CREDIT CARD SECURITY

13.1 - This clause 13 will only apply to Card Transactions.

13.2 - We know of no documented cases of credit card fraud by the theft of credit card details from Our website. All credit card and debit card details are encrypted on Your computer when Your order is placed using 40 bit minimum encryption technology. Those details are only decrypted after they reach our computer and are not held in clear text on any of our websites. You are entitled to cancel any payment due to be made in respect of Your order in the event that You discover Your card has been used fraudulently by any unauthorised person to buy goods under this contract. Your card issuer will be liable to recredit Your debit or credit card in respect of sums already paid. If you do discover that fraudulent use has been made of Your card You should immediately notify Us and Your card issuer and provide full details.

1.4 GOVERNING LAW

This contract is subject to English law and the non-exclusive jurisdiction of the English Courts.

Returns Policy

All goods supplied by Firscall are of the highest quality. However from time to time a product may be found to be faulty or defective. Firscall Office Supplies a trading style of Swallow Tapes Ltd honors Manufacturer warranties for three months for goods supplied by us to UK addresses. Manufacturer instructions and warranty procedures must be complied with when making warranty claims.

Firscall Office Supplies a trading style of Swallow Tapes Ltd can only accept returns where the problem is fully documented and enclosed with the goods to be returned. Where appropriate print samples must also be enclosed. Non compliance with this requirement may mean that the goods will be returned to you at your expense. When the goods are received by Firscall Office Supplies a trading style of Swallow Tapes Ltd they will be tested and should the goods be found not to be faulty they will be returned to you at your expense.