Please note that emails are monitored Monday-Friday 9am-5:30pm and we are closed on public holidays
BY USING OUR SITE YOU ACCEPT THESE TERMS
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
the terms on which we process any personal data we collect from you, or that
you provide to us. By using our site, you consent to such processing and you
warrant that all data provided by you is accurate.
· Our Acceptable Use Policy, set out below, which sets out the permitted
uses and prohibited uses of our site. When using our site, you must comply with
this Acceptable Use Policy.
information about the cookies on our site.
· If you purchase goods from our site, our Terms and conditions of sale will apply to the sales.
We may make changes
to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms which apply at that time.
We may make changes
to our site
We may update and change our site from time to time.
We may suspend or
withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your
account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
How you may use material
on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on
information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or uptodate.
We are not
responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User generated content may not be approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please email us at email@example.com.
for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of sale.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms which may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial ofservice attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy, set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you are giving us to use material you upload).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy, set out below.
You are solely responsible for securing and backing up your content.
We are not
responsible for viruses and you must not introduce them
You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking
to our site
You may link to our home page, 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 site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy, set out below.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
laws apply to any disputes?
This acceptable use policy sets out the terms between you and us under which you may access our website percyandpickles.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international
law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect. For the purpose of harming or attempting to harm minors in
· To send, knowingly receive, upload, download, use or reuse any material
which does not comply with our content standards (below).
· To transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
· To knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed to
adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or resell any part of our site in contravention
of the provisions of our terms of website use, above.
· Not to access without authority, interfere with, damage or disrupt: any
part of our site; any equipment or network on which our site is
stored; any software used in the provision of our site; or any
equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation: Chat rooms and Bulletin boards (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age. Infringe any copyright, database right
or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a
contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another;s privacy, or cause annoyance,
inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or
affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example
only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our
· Immediate, temporary or permanent removal of any posting or material
uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
· We exclude liability for actions taken in response to breaches of this
acceptable use policy. The responses described in this policy are not limited,
and we may take any other action we reasonably deem appropriate.
Changes to the
acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Terms of Sale
1. These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
about us and how to contact us
2.1 Who we are.
We are percyandpickles.co.uk, established in England with company number 01185795. Our registered VAT number is 307479543.
2.2 How to contact us.
You can contact us by writing to us at email@example.com.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures.
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 a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 Your rights to end the contract).
6. Our rights to
6.1 Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. Providing the
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you the goods in a safe place or rearrange delivery.
7.5 When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.6 When you own goods.
You own a product which is goods once we have received payment in full.
7.7 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
· (a) deal with technical problems or make minor technical changes;
· (b) update the product to reflect changes in relevant laws and
· (c) make changes to the product as requested by you or notified by us to
you (see clause 6).
7.9 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.10 We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to
end the contract
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
· (a) If what you have bought is faulty or misdescribed you may have a
legal right to end the contract (or to get the product repaired or replaced or
a service reperformed or to get some or all of your money back), see clause
· (b) If you want to end the contract because of something we have done or
have told you we are going to do, see clause 8.2;
· (c) If you have just changed your mind about the product, see clause
8.3. You may be able to get a refund if you are within the cooling off period,
but this may be subject to deductions and you will have to pay the costs of
return of any goods;
· (d) In all other cases (if we are not at fault and there is no right to
change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
· (a) we have told you about an upcoming change to the product or these
terms which you do not agree to (see clause 6.2);
· (b) we have told you about an error in the price or description of the
product you have ordered and you do not wish to proceed;
· (c) there is a risk that supply of the products may be significantly
delayed because of events outside our control;
· (d) we have suspended supply of the products for technical reasons, or
notify you we are going to suspend them for technical reasons, in each case for
a period of more than 14 days; or
· (e) you have a legal right to end the contract because of something we
have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 No additional goodwill guarantee.
We do not offer a guarantee more generous than your legal rights under the Consumer Contracts Regulations.
8.5 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
· (a) products sealed for health protection or hygiene purposes, once
these have been unsealed after you receive them; and
· (b) any products which become mixed inseparably with other items after
8.6 How long do I have to change my mind?
Having ordered goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
· (a) Your goods are split into several deliveries over different days. In
this case you have until 14 days after the day you (or someone you nominate)
receives the last delivery to change your mind about the goods.
· (b) Your goods are for regular delivery over a set period. In this case
you have until 14 days after the day you (or someone you nominate) receives the
first delivery of the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the
contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by email at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please email us at email@example.com to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
· (a) if the products are faulty or misdescribed; or
· (b) if you are ending the contract because we have told you of an
upcoming change to the product or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or because
you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
· (a) We may reduce your refund of the price (excluding delivery costs) to
reflect any reduction in the value of the goods, 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 goods and later
discover you have handled them in an unacceptable way, you must pay us an
· (b) The maximum refund for delivery costs will be the costs of delivery
by the least expensive delivery method we offer. 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.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
· (a) If the products are goods and we have not offered to collect them,
your refund will be made within 14 days from 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. For information about how
to return a product to us, see clause 9.2.
· (b) In all other cases, your refund will be made within 14 days of your
telling us you have changed your mind.
10. Our rights to
end the contract
10.1 We may end the contract if you break it
. We may end the contract for a product at any time by writing to you if:
· (a) you do not make any payment to us when it is due and you still do
not make payment within 7 days of us reminding you that payment is due;
· (b) you do not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the products;
· (c) you do not, within a reasonable time, allow us to deliver the
products to you or collect them from us;
· (d) you do not, within a reasonable time, allow us access to your
premises to supply the services.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 3 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a
problem with the product
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract.
11.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will refund the costs of postage or collection.
12. Price and
12.1 Where to find the price for the product.
The price of the product (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
You must pay for products before we dispatch them.
12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you at the rate of 4% above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use
your personal information
14.1 How we will use your personal information.
We will use the personal information you provide to us:
· (a) to supply the products to you;
· (b) to process your payment for the products; and
· (c) if you agreed to this during the order process, to give you
information about similar products that we provide, but you may stop receiving
this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in the English courts.