Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF SALE
1.2 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details.
1.3 You should print a copy of these Terms or save them to your computer for future reference.
1.4 We amend these Terms from time to time as set out in clause 8 below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 11 December 2014.
1.5 These Terms, and any Contract between us, are only in the English language.
2. ABOUT US
We operate our Website www.alexanderandpearl.co.uk (as amended, supplemented or replaced from time to time). We are Alexander & Pearl Ltd, a private company limited by shares registered in England and Wales under company number 06560121 with our registered office at c/o Philips Accountants, 286B Chase Road, Southgate, London N14 6HF. Our main business address is Unit B7 Seedbed Centre, Langston Road, Loughton, Essex IG10 3TQ. Our VAT number is 106 4719 26.
3. CONTACTING US
3.1 If you are a consumer and you wish to cancel a Contract in accordance with your legal right to do so as set out in clause 11, you need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com. When emailing us, please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail. If you wish to contact us for any other reason, including because you have any concerns or complaints about a Product or our service, you can contact us by e-mailing us at firstname.lastname@example.org. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3.2 If you are a business customer, you may contact us by telephoning our team on +44 208 508 0411 or by e-mailing us at email@example.com.
4. OUR PRODUCTS
4.1 We reserve the right to change any Products, along with their prices, specifications and availability at any time. All prices and descriptions supersede all previous publications. All descriptions of Products are approximate. Whilst we aim to give as accurate a description as possible for all of our Products, on occasion, due to circumstances out of our control, manufacturers may slightly alter designs and finishes of Products without informing us. If a description, price or dimension of a Product is incorrect, we reserve the right to cancel any order. Although we have made every effort to be as accurate as possible when describing the dimensions and measurements of our Products, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance. We would therefore recommend that that an extra 2cm each way is added when measuring for fitting
4.2 Every effort is made to keep information on the Website regarding availability of Products up to date however we do not guarantee that this is the case, or that Products will always be available.
4.3 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products as the colours may vary slightly due to individual monitor resolution and professional/studio lighting used when the images are taken. Finish indicates the colour/finish of the Product and may not necessarily indicate the materials used to manufacture the Product. Any distressed Products are deliberately imperfect as this forms part of the character of the Product and it is not a manufacturing flaw.
4.4 The packaging of the Products may vary from any shown on images on our Website.
4.5 Unless expressly stated otherwise in writing, our Products have been built for use and storage in residential properties only and therefore any purchases made for commercial establishments are at your own risk and damage may occur over time. We will not be obliged to offer any refund, replacement or exchange for such Products if issues arise after purchase. For the avoidance of doubt, we do not sell contract furniture.
4.6 In relation to any lighting Product, we do not supply light bulbs unless specified within a Product listing.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer
5.1 If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
5.2 There may be certain Products on our Website which can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply such Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order such Products through our Website.
6. IF YOU ARE A BUSINESS CUSTOMER
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
6.4 You and we agree that neither of us will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 When you place and pay for an order, we will confirm our acceptance to you by sending you an e-mail confirming your order (Email Confirmation). Please check this and notify us of any errors immediately. We are entitled to refuse any order placed by you and will not be required to provide an explanation. The Contract between us will only be formed when we send you the Email Confirmation. We will issue you with a further electronic notification to your email address once the Products have been despatched to you.
7.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 4.1 above, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7.4 As we are an online company, we very rarely hold Products in stock therefore we advise enquiring about availability of Products if your order is time sensitive. In the case that Products ordered will take longer than 28 days to deliver, we will obtain an approximate lead time and you will be given the choice to keep the Product on back order to guarantee availability when new Products arrives or obtain a full refund.
7.5 All special order or bespoke Products must be paid for in full before the manufacturing of the Product can commence. These Products cannot be cancelled once the manufacture has begun and cannot be returned or refunded for any reason (unless damaged, in which case photo evidence and a full inspection will be required and a replacement Product will be offered).
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated. We may revise these Terms as they apply to your order from time to time to reflect certain circumstances, including but not limited to, changes in relevant laws and regulatory requirements. Your continued use of the Website (or any part thereof) following such changes will be deemed to be your acceptance of the changes.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
9.1 All prices quoted on this Website are in pound sterling. Payment for the Products and any applicable delivery charges are charged at the time of order and not at the time of despatch as this secures the Products with us or our supplier. If for any reason we are unable to fulfil an order, you will be notified as soon as possible. Payment for Products can be made by any major credit or debit cards online or via the telephone. We can also accept cheques and bank transfers (these must be prearranged).
9.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 The price of a Product does not include delivery charges. Delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Website.
9.4 We reserve the right to withdraw Products from this Website at any time and/or remove or edit any materials or content on this Website. We will not be liable to you or any third party by reason of our withdrawing any Products from this Website save that where a Product has already been sold to you and payment received by us, we will despatch that Product to you.
9.5 We reserve the right, by giving notice to you, to increase the price of our Products at any time before delivery to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of there being such an increase in the price of a Product, you will be entitled to cancel the order at any time before delivery.
9.6 Subject to clauses 9.3 and 9.5 above, the prices of the Products will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. In the unlikely event that the price or description of a Product has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched your order, we will not be obliged to supply Products at the incorrect price or based on an incorrect description.
9.7 Payment will be debited immediately and cleared from your account at the time of order and before the despatch of your Products.
9.8 When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details. By placing an order, you consent to payment being charged to your debit/credit card account as highlighted on our Website.
Deliveries in the UK
10.1 Products will be delivered to the address you provide to us at the time of order. All orders must be paid in full prior to any Products being despatched and no exceptions can be made to this policy. Delivery will be completed when we the Products are delivered to the address you gave us and the Products will be your responsibility from that time.
10.2 We use third party courier companies to arrange delivery of Products. We aim to ensure that Products are delivered between 7 - 28 days of the date of our Email Confirmation, however all dates for delivery are estimates only and may be subject to change and, subject to clause 10.10 below, time will not be of the essence for delivery of Products. Bespoke Products may take between 6 - 16 weeks to manufacture and deliver. Occasionally delivery to you may be affected by a Force Majeure Event. Please see clause 19 below for our responsibilities in this regard.
10.3 Boxes must be checked over at the time of delivery. If the box is damaged, you must note this on the courier’s delivery sheet when signing. We check all Products prior to despatch and they only leave us if they are in perfect condition and that is how they should arrive to you.
10.4 We strongly advise you to check the Products immediately and notify us of any damage in writing (via email to firstname.lastname@example.org) within one week of delivery. Claims cannot be accepted after this time. Where there is visible damage to the Product then the Product should be rejected and not signed for by you at the time of delivery.
10.5 Delivery costs are set out on our Website. We deliver to most of mainland UK. If you would like to place an order from outside mainland UK then you must contact us in advance to obtain a shipping quotation. If you fail to do this, your credit/debit card is automatically charged upon checkout, however we will be unable to fulfil the order until the delivery charge has been settled.
10.6 All Products require a signature at the time of delivery (no exceptions can be made). Deliveries are made Monday to Friday (excluding Bank Holidays) between normal working hours. The couriers that we normally use cannot specify a time of delivery. You will be notified by email of the planned date of despatch and once you confirm that the date is suitable, we will release the Products to the couriers. Please note that once the Products are released to the courier, we are not responsible for any delivery delays that may occur.
10.7 Deliveries will either be sent via Interlink Express (or a similar courier) or by a courier company specialising in the delivery of fragile Products. Delivery of the Products will be made up to the front door only of the premises. If you live in a flat or an apartment, the courier can only deliver to ground level so please make your own arrangements to move the Product to your chosen level. For the avoidance of doubt, we will not be responsible for any damage caused by third party courier companies in delivering any Products to your premises. If any damage is caused, or you incur any loss, as a result of the delivery of the Products to you by the third party courier company then any right of action which you may have will only be against the third party courier company and not us.
10.8 If you deliberately fail to take delivery of an order then, without prejudice to any other right or remedy available to us, we may store the Products until actual delivery and charge you for reasonable costs of storage (including insurance) or sell the Products at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the Products and the price obtained by us or, alternatively, charge you for any shortfall below the price you agreed to pay for the Products and the price obtained by us.
10.9 We offer dimensions for all Products. It is your responsibility to ensure that all Products that you order will fit through the threshold of your property and, where relevant, up stairways to your property. A re-stocking fee of 25% of the value of the Product ordered will be charged if any Products are returned for this reason and you will also be responsible for paying the original and return delivery costs. We recommend keeping all packaging and enclosures that accompany the Product for as long as possible after delivery as this may be required should you need to report a problem.
Clauses 10.10 – 10.12 below will only apply to consumers
10.10 If a delivery deadline for any Products is missed then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.11 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.10, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.12 If you do choose to cancel your order for late delivery under clauses 10.10 or 10.11, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.13 We can ship Products to international destinations. A shipping quotation must first be obtained before ordering Products online otherwise all orders will be deemed null and void.
10.14 If you order Products from our Website for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.15 You will be responsible for payment of any such import duties and taxes and under no circumstances will we be liable for same. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.16 The return of any Products to us from an international destination will be your responsibility, including payment of any delivery charges, insurance fees, taxes or duties. Any original delivery fees incurred by you in receiving the Products will not be refunded.
10.17 In the event that a Product reaches you in a damaged condition, we will require photo evidence of same and a refund or replacement Product will be offered.
11. CONSUMER RETURNS AND CANCELLATIONS
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 11.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 Your legal right to cancel a Contract starts from the date of the Email Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
11.3 To cancel a Contract, you just need to let us know that you have decided to cancel by e-mailing us at email@example.com. We will then send you a return e-mail to confirm that we have received your cancellation. When e-mailing us, please include details of your order to help us to identify it. Your cancellation will be effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you get your e-mail to us before midnight on the last day of the cancellation period.
11.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
11.5 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us. We will refund you on the credit card or debit card used by you to pay.
11.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back, return it to us in-store or hand it to our authorised carrier. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
11.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with a Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.8 Save in relation to any Products that are faulty or misdescribed, the terms of this clause 11 will not apply to any made-to-order, especially commissioned, bespoke or personalised Products.
12. BUSINESS CUSTOMER RETURNS, CANCELLATIONS AND SUBSTITUTIONS
This clause 12 only applies if you are a business customer.
12.1 If you wish to return unsuitable Products then we must be notified in writing via email to firstname.lastname@example.org within 14 days of your receipt of the Products. Any Products returned without a written confirmation and acknowledgement by us unfortunately cannot be accepted.
12.2 Once we are notified of a return request we will forward return instructions. Products must be delivered back to us without fault and in original packaging within 14 days of your written notification to return, in order to qualify for a refund. Any Products returned to us after this period cannot be refunded. Please ensure that all Products are packaged securely and sufficiently to withstand delivery as failure to do so may result in us being unable to provide a refund for the returned Products if they are received damaged in any way.
12.3 All Products that are returned to us will be at your cost. We recommend that smaller less fragile Products are sent back via post office, parcel force or a similar courier. When returning Products via these services we strongly recommend to use insured registered delivery and to keep your proof of postage as we cannot accept responsibility for lost parcels or any damages in transit when Products are being returned to us.
12.4 Arrangements for large and fragile Products can be arranged on your behalf via our third party fragile carrier companies and at your cost. The return fees are in line with our current outgoing delivery cost. If we arrange return collection on your behalf and you fail to deliver the Products for collection at the premises or you otherwise do not allow collection on the arranged day/time, a failed collection charge will be applied.
12.5 Once we receive the returned Products within 14 days of the return request, Products are then checked over to ensure they have been returned in a good, unused condition and in the original packaging. Once this is confirmed by our warehouse then the appropriate refund will processed within 14 days. If you fail to return Products in the original packaging then this may prevent us from selling the Products on and may result in a 25% charge of the Product’s original value being applied.
12.6 A restocking fee of 25% may be applied for bulk quantity purchases of more than three of the same Product. To avoid this fee, we recommend ordering one Product as a sample to ensure that the Product is suitable before ordering multiple numbers of the same Product.
12.7 We will under no circumstances provide a refund for any Products that have been installed or tampered with, such as lighting. Products must be returned to us in their original condition.
12.8 If you do decide to cancel a contract, then you must notify us in writing by sending an email to email@example.com.
12.9 If the cancellation is made within 14 days of placing the order and the Products have not yet left the warehouse then no charges will apply.
12.10 If a cancellation request is made after 14 days of placing the original order and the order has already been despatched then the original delivery fee will be non-refundable and a further return fee will be charged at the same value.
Damaged or Faulty Products
12.11 We use third party couriers to deliver Products. Nevertheless, you must examine Products immediately and notify us within one week of delivery of any damages or faults. We will refund the full purchase price including postage and packing of a Product which is delivered in a damaged or faulty condition (this excludes failure to follow instructions or misuse).
12.12 Alternatively, at your option, we will replace the Product with the same Product (subject to availability).
12.13 If a Product is defective or faulty, please contact us at once and no later than 7 working days after receipt of the Product, or of the fault developing and we will arrange a refund or replacement as you request.
12.14 Sometimes the Product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price.
12.15 Under no circumstances will we be held liable for any costs such as fees that may be incurred by you for any reason including delivery delays, damaged deliveries or defective Products. We strongly recommend only booking in any tradesmen after your Products have been delivered and thoroughly checked over.
12.16 Any faulty Products reported to us beyond our 14 day return policy are eligible for replacement only. Where production of a Product has been discontinued, a credit or refund will be offered.
12.17 Please allow up to 14 days starting from the date on which we receive a returned Product for refunds to be processed or any replacements to be despatched. We cannot be held liable for any interest charged by your bank/credit card issuer whilst you are awaiting a refund.
12.18 We reserve the right to refuse to issue a refund or a replacement Product and to recover the cost of the returns delivery from you in the event that the Product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.
13. TITLE AND RISK
13.1 Ownership of the Products will not pass to you until all payment for the Products are made and received by us in full and cleared funds (including any delivery charges).
13.2 The risk in the Products will pass to you on completion of delivery of the Products.
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14.3 Any warranty in clause 14.1 may not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
15. INTELLECTUAL PROPERTY
15.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
15.4 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. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
15.5 No licence is granted to you in these Terms to use any trade mark of www.alexanderandpearl.co.uk or its affiliated companies.
16. OUR WEBSITE
16.1 We attempt to ensure that the information available on the Website is accurate. However, we will not be held liable for any defects, errors or omissions. We use reasonable endeavours to correct defects, errors and omissions as quickly as practicable after becoming aware of or being notified of these.
16.2 We may change, suspend, withdraw or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or any liability on our part. Our Website is provided on an 'as is' and 'as available' basis only.
16.3 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website
16.4 You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
16.5 You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17.4 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
18. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 18 only applies if you are a business customer
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
18.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2 above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
18.4 Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Products purchased by you.
18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18.6 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
19. FORCE MAJEURE
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event.
19.2 A Force Majeure Event will mean any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or any utility service, or the passing of any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent.
19.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
19.4 You may cancel a Contract affected by Force Majeure Event which has continued for more than 60 days. To cancel the please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. EXTERNAL LINKS
20.1 To provide increased value to you, we may provide links to other websites or resources for you to access at your sole discretion and for your information only. You acknowledge and agree that, we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
(a) the privacy practices of such websites;
(b) the content of such websites, including (without limitation) any advertising, content, Products or other materials or services on or available from such websites or resources; or
(c) the use 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 or other materials or services available on such external websites or resources.
20.2 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any warranty to the recipient of the gift without needing to ask our consent.
21.2 This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of any warranty applicable for the Product, but we and you will not need their consent to cancel or make any changes to these Terms.
21.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
21.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.6 If you are a business customer, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).