Important Notice:

PRICES, DISCOUNTS RATES CHARGES AND RATES OF VAT ARE SUBJECT TO ALTERATION WITHOUT NOTICE, AND GOODS WILL BE INVOICED AT THE PRICES RULING AT THE TIME OF DISPATCH.

Terms of Use

1.1 Preamble & Definitions.

These terms of use and the  legal information contained herein apply to the website of Acumendia Limited (Company number 07970764), a company limited by shares and registered under the laws of England (hereinafter, “Acumendia”, 'We' or 'Us'), whose domain is www.acumendia.com, and to its related mobile application, as well as to all its related supply-chain management software and technology (hereinafter and collectively, the “Platform”). The Platform belongs to Acumendia. These terms of use relate to and govern the sale and supply of all goods by Acumendia to the person who is accepted as qualifying for our service ('you', the 'user' or “Customer”)

By accessing the Platform and voluntarily creating a profile, you acknowledge and expressly agree to these Terms of Use and to the Privacy Policy. Use of the Platform may result in you entering into an agreement with Acumendia (the 'Agreement') for the purchase and delivery of goods on terms set forth below.

Acumendia reserves the right to amend these Terms of Use, and the Privacy Policy at any time and without prior notice.

You agree to carefully read these Terms prior to accessing the Platform.

1.2 Access and Registration

In order to be an authorised user of the Platform, it is essential that you meet the following requirements, you must:

• be at least 18 years of age;
• truthfully complete the mandatory fields of the registration form requesting personal details such as the username, e-mail address, telephone number and bank card number;
• agree to these Terms of Use;
• agree to the Privacy and Data Protection Policy.

You warrant that all the information regarding your identity and legal capacity provided to Acumendia in the registration form for its Platform is true, accurate and complete. In addition, you undertake to keep your details up to date.

If you provide any false, inaccurate or incomplete information or if Acumendia considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Acumendia may deny you current or future access to, and use of, the Platform or any of its services.

When registering on the Platform, you must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable.

You undertake not to disclose the details of your account or allow access thereto to third parties. You shall be solely responsible for any use of such details that may be made by third parties, including for orders made on the Platform or any other action carried out under your username and/or password.

Acumendia cannot guarantee the identity of registered users, and it will therefore not be liable for the use by third parties of a registered user’s identity. You must immediately inform Acumendia, using the Contact Form, if your username or password is stolen, disclosed or lost.

1.3 User Profile.

In order to complete your registration on the Platform, you must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once you have completed the registration process, you can access your profile and complete or edit it, and/or deregister, as you deem appropriate.

1.4 Credit Card Theft or Removal.

Since Acumendia cannot guarantee the identity of registered users, you are under an obligation to inform Acumendia if you have evidence that the credit card associated with your Acumendia profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Acumendia and its payment platform are proactive in the protection of users through the use of appropriate security measures, if you fail to inform Acumendia of the missing card, Acumendia will not be liable for any fraudulent use thereof that may be made by third parties on your account.

2.1 Placement and acceptance of an order.

The placing of an order on the Platform under the Customer’s username and password is taken as the Customer having agreed to accept the product type, quantity and price that will be charged. The price list on the Secure Shopping Area is an invitation to treat. No order by the Customer will be deemed to have been accepted by Acumendia until Acumendia has secured the goods, or the goods are delivered, whichever occurs first. The placing of the order means the Customer agrees not to change or withdraw the order or any part of it. Sending the Customer an acknowledgement confirming receipt of their order is neither express nor implied acceptance of the order by Acumendia. Acumendia reserves the right to accept or reject any order, or part of an order, by the Customer, prior to acceptance by Acumendia, as it sees fit.

2.2 Goods ordered in error.

Orders placed by the Customer are non-refundable. Collection of or credit for goods that have been delivered to but ordered in error by the Customer will be at the sole discretion of Acumendia. If Acumendia agrees to collect products that the Customer has ordered in error, an administration charge of £100 will be made for each pallet returned, subject to a minimum charge of £100. Orders placed in error by the Customer for less than one (1) pallet of merchandise are final – no collection or credit shall be undertaken or given by Acumendia.

3.1 Delivery.

Acumendia reserves the right to add a surcharge to orders from Customers who request Acumendia's delivery agent to unpack items from the pallets on which they are delivered. Customers wishing to take advantage of the unpacking facility must advise Acumendia of their intentions prior to or at the time of placing their order.

3.2 Delivery times.

Although Acumendia will take all reasonable measures to deliver the Customer's goods, Acumendia makes no warranty as to agreed delivery times. Acumendia accepts no responsibility or liability for damages or losses of any kind, however arising, that the Customer or a third party may suffer due to late delivery, whatever the nature of the loss incurred including, without limitation, indirect and consequential damages.

3.3 Re-delivery.

If the Customer appears to Acumendia or its agents to be unable to accept a delivery at an agreed time, or refuses to take the delivery for a reason that Acumendia deems to be unacceptable, Acumendia may attempt redelivery of the goods, and reserves the right to charge the Customer for the costs of any redelivery.

3.4 Evidence of delivery.

A delivery note is to be signed either by the Customer or by another person appearing to have the authority to sign on behalf of the Customer, at the time of delivery. This is irrefutable evidence that the Customer or the person appearing to have the Customer’s authority has had satisfactory opportunity to examine the goods and has acknowledged that the goods are of a satisfactory quality. The delivery note is also irrefutable evidence of the quantity of goods delivered, whether the quantity of goods is measured in pallets, cartons or outers.

3.5 Customer signature.

By signing the delivery note the Customer accepts full responsibility for the pallets whilst they are on their premises.

3.6 Claims for shortages.

Claims for shortages, damaged or incorrect items must be reported to the Acumendia sales office by 12:00 hrs on the day following the delivery. Settlement for claim (s) made after this time will be at the discretion of the company. No claim (s) for shortages, damaged or incorrect items will be accepted under any circumstances if it is not reported within the said timeframe.

4.1 Risk of Damage, Loss of Goods.

Risk of damage to, or loss of, the goods passes to the Customer at the point the Customer's order is loaded onto Acumendia's transport agent's delivery vehicle. Acumendia disclaims any and all liability for damages, losses, or claims of any kind, whether direct, indirect or consequential, arising from or relating to loading, transporting, delivery, unloading, transfer or storage of the goods by Acumendia's transport agent, whether or not due to or arising from Acumendia's own negligence or that of its servants, employees, directors or officers, or agents.

5.1 Payment.

Unless otherwise stated in a Notice of Variation, Payment is due at the time an order is made on the Platform. Please contact our office to discuss alternative payment methods if the above is not suitable for you. Payment by alternative methods will be accepted by Acumendia only in exceptional circumstances and will not be acceptable on a regular ongoing basis.

6.1 Accuracy of information provided.

The Customer agrees to provide all information that is asked for and to guarantee that it is complete, accurate and truthful. The Customer shall indemnify Acumendia, its directors, officers, employees, agents, successors and assigns against any direct or indirect loss arising out of inaccurate information that the Customer supplies.

6.2 Change in circumstances/status.

The Customer agrees to inform Acumendia as soon as possible of any changes in circumstances or status, that is, if any of the information the Customer gave during their registration has changed and or if the Customer has become aware of the information’s inaccuracy. Further, if the Customer sells or assigns the rights to their business or plans to do so, it is their responsibility to inform Acumendia as soon as it is reasonably possible. The Customer will then receive acknowledgement from Acumendia that we know of the change in circumstances.

6.3 Confidentiality.

All materials or information provided from time to time by Acumendia to the Customer, whether written or verbal, are strictly confidential. The Customer must also ensure that any such confidential information is not disclosed to its employees or agents unless they agree to maintain this confidentiality. The Customer hereby agrees to indemnify Acumendia against any losses, legal or otherwise, including loss of profit suffered by Acumendia arising from any breach of this term by the Customer, their employees or their agents.

7.1 Limitation of liability.

Except in the case of personal injury or death, and to the fullest extent allowed by Law, Acumendia’s aggregate liability for any claim for breach of contract, negligence, or under any other legal theory, shall not exceed the value of the goods directly concerned with the action.

The Customer is responsible for having in place the necessary services and equipment to browse the Internet and access the Acumendia platform. Users can report any incidents or problems accessing Acumendia’s platform by means of the Contact Form, and Acumendia will analyse the incident and instruct the User on how to resolve it as quickly as possible

Acumendia will not be liable for any service interruptions, connection errors, unavailability of, or faults in the Internet access service, or Internet interruptions or for any other matters beyond its control.

Acumendia disclaims any liability for any security errors that may arise or for any damage that may be caused to the Customer’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

• The presence of a virus in the Customer’s computer system or mobile handset used to connect to the Acumendia platform’s contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.

7.2 Severance.

If any provision, clause or part-clause of the Agreement is held to be invalid, void, illegal or otherwise unenforceable by a Court of competent jurisdiction, the Agreement shall be read as though such provision, clause or part-clause had not been included and the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law.

7.2 Variation or Amendment.

No individual agent, servant or employee of Acumendia can vary, or vary any part of, or add to this Agreement, even in writing. Written or oral representations, published sales material, or material on the website do not vary this Agreement in any way. Variations to this Agreement can only be made by a director or officer of Acumendia (on a case by case basis) by way of a written notice to the Customer via their email account, and/or letter (the 'Notice of Variation'). A Customer in receipt of a Notice of Variation shall be subject to said variation in its dealings with Acumendia commencing five (5) working days after receipt thereof.

7.3 Waiver.

If Acumendia exercises discretion in a particular way or fails to enforce a right under this Agreement, it shall not be deemed that Acumendia will act in that way again, or that we are barred from enforcing that or any other right, in the future.

7.5 Force Majeure.

Acumendia shall have no liability for any delay or failure in performance of its obligations under the Agreement where this arises from matters outside its reasonable control.

7.6 Governing Law.

These Terms of Use of and any Agreement between the parties arising from use of the Platform are governed by and shall be construed in accordance with English Law (excluding its conflicts of laws rules). The Customer agrees to submit any and all claims, actions or other legal proceedings arising from the use of the Platform or any Agreement between the Parties, to the exclusive jurisdiction of the English Courts. The Courts of London shall be the proper forum for hearing of any such legal proceedings.

8.1 Data Protection Act 2018.

We may transfer information about you to our agents in order for them to provide their services to us and other Customers of theirs. We or our agents may use the information you supply to us to carry out a credit check with a licensed Credit Reference Agency and a footprint (record) of that search will be kept for other users to view. Should you require further details, these will be provided on request.

8.2 Privacy and Data Protection.

One of the benefits of being an Acumendia Customer is that we and participating companies may use information about you to send you details of offers, promotions and products.

8.3 Platform and User Content.

Acumendia does not control (and is under no obligation to control) how Customers use the Platform. It therefore does not guarantee that Customers use the Platform in accordance with these Terms of Use or in a diligent and/or prudent manner. Acumendia does not check (and is under no obligation to check) the identity of users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Acumendia rejects any liability for damages of any kind that may arise from the illegal use of the Platform or due to the information supplied by Customers being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a third party user impersonating a Customer and in particular, for any orders that may be made by an unauthorised third party from the Customer’s account. The Customer agrees that any order placed by an unauthorised third party as a result of the Customer's own negligence shall be treated for the purposes of these Terms of Use as an order placed by the Customer.

Acumendia may, in its sole discretion, permit the Customer from time to time to submit, upload, publish or otherwise make available to Acumendia for your best user experience any textual, audio, and/or visual content and information regarding Acumendia, including e.g. commentary, order chat, support and feedback related to Acumendia’s services, initiation of support requests and the like ("User Content"). 

Any User Content provided by you remains your property and is covered under local legislation. Thus, by providing User Content to Acumendia, you grant Acumendia a worldwide, irrevocable, transferable, royalty-free licence, with the right to sublicence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels, with or without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

To help facilitate the execution of your order and interaction with the delivery agent, Acumendia may have to share certain information about the request for your order whenever necessary to ensure your goods are delivered as ordered.

8.4 Updates and Changes to the Platform.

Acumendia reserves the right to update, amend or delete the information contained on the Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Acumendia does not warrant the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Acumendia shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

8.5 Intellectual Property.

Acumendia is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein and all related supply-chain management technology are the property of Acumendia, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation.

Authorising a user to access the Platform does not imply the waiver, transfer, licensing, or full or partial assignment by Acumendia of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Platform for public or commercial purposes are also prohibited, save with Acumendia's express written authorisation or, where applicable, that of the owner of the rights concerned.