Terms of Sales and Supply
AQUALISA PRODUCTS LIMITED
General Conditions of Sale and Supply
- These terms
- What these terms cover and when do they apply. These are the terms and conditions on which we supply products to you, whether these are goods or services. They apply to the extent that there is no other separate written contract between us for the supply of goods or services. If you are a business customer, these terms shall override any terms which you impose or seek to impose.
- 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.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: (a) you are an individual; and (b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- Information about us and how to contact us
- Who we are. We are Aqualisa Products Ltd a company registered in England and Wales with company number 01281596. Our registered office is at The Flyer's Way, Westerham, Kent, TN16 1DE.
- How to contact us. You can contact us by telephoning our Customer Helpline on 01959 560010 or by writing to us at [email protected] or The Flyer's Way, Westerham, Kent, TN16 1DE.
- 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our website will guide you through how to place an order online, once you have pressed the confirm order button at the end of the checkout process, we will send you an order acknowledgement email detailing the products and services you have ordered. This is not an order confirmation or order acceptance and we still have the ability to reject your order (see “if we cannot accept your order” below). If you place an order by telephone, acceptance of your order will take place when [confirmed on the telephone]/[we email you to accept it]. If you place an order in person, acceptance of your order will take place when you pay for and collect your goods. The contract will only be formed if we accept your order and despatch the products to you.
- 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 the delivery location, because we cannot authorise your payment, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
- Your order number. We will assign an order number to your order and tell you what it is when you receive your order acknowledgement. It will help us if you can tell us the order number whenever you contact us about your order.
- Our products
- Products may vary slightly from their pictures. Any samples, images of the products or illustrations on our website, data sheets or in our brochures are for illustrative purposes only and for the sole purpose of giving an approximate idea of the products referred to in them. They shall not form part of the contract. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our brochure.
- [Making sure your measurements are accurate. Prior to ordering, please make sure that you have measured correctly - details of product sizing and fitting requirements are specified in our literature, on our website and are provided on telephone calls or any written communication.
- 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, for example, to enable us to install products at your home. 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 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.
- The copyright in our data sheets, specifications, packaging and literature shall remain our property.
- Delivery
- Delivery costs and locations. The costs of delivery will be as displayed on our website, in our brochure or as told to you over the telephone. Such costs are for delivery to addresses within mainland UK, and the Channel Islands only (excluding the Scottish islands, Isle of Man and Isle of Scilly). There are free and chargeable delivery options. We may charge you additional costs if you require delivery to an address outside the Specified Locations (for example for packing, loading, carriage and insurance charges) and you shall be responsible for any relevant custom duties and any other costs of importation. If you are unsure whether we are able to deliver to your area please contact us to check before you place your order.
- Increase in costs. We may, by giving notice to you at any time before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:
- any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
- any request by you to change the delivery date(s), quantities or types of goods ordered; or
- any delay caused by any of your instructions or your failure to give us adequate or accurate information or instructions.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. All delivery dates given are estimates only.
- 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.
- Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during 8.30am and 5pm on weekdays (excluding public holidays) or as pre-agreed with us.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, the courier or mail service will leave you a note informing you of how to rearrange delivery or collect the products from us (if appropriate).
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- Installation and maintenance
- Installation and maintenance costs. The costs, if applicable, of standard installation, maintenance and repair will be as told to you over the telephone. Our standard installation costs are based on any existing installations being correctly fitted in accordance with fitting instructions. If our engineers identify any issues with your existing installations and are required to make any changes as a result, any additional costs shall be agreed in advance and payable by you. If you do not wish to pay the additional costs to deal with the incorrectly fitted installations, then our engineer will cease work on installing the product. When access is required into a loft space, the route to, and the area needed for maintenance or installation must be boarded to ensure a safe working environment. There may be occasions where, due to bad workmanship carried out by a third party, our engineers are unable to fit the new product and re-fit the previous installation we shall not be held liable if this is the case. We shall be entitled to charge you reasonably and properly incurred travel and subsistence costs of our employees, installers or agents attending your property. This will be in the form of our current standard call out fee.
- Access to your property. If we agree to provide installation, maintenance or repair services to you, you agree to allow us to access your property in order to install, maintain or repair the products and to otherwise provide the services to you. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply.
- You shall provide with such assistance as is reasonably required in connection with the provision of the services at your property. You shall be responsible for obtaining any necessary consents in connection with the siting, installation, erection or use by you of the goods.
- Ownership and responsibility for goods
- When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect the goods from us.
- When you own goods if you are a consumer. If you are a consumer, you own goods once we have received payment in full.
- When title passes if you are a business customer. If you are a business customer, title to the goods shall not pass to you until the earlier of:
- us receiving payment in full (in cash or cleared funds) for the goods and any other goods that we have supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums; and
- you resell the goods, in which case title to the goods shall pass to you at the time specified in clause 5.
- Until title to the goods has passed to you, you shall:
- store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
- not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
- maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
- notify us immediately if you become subject to any insolvency type event or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of its business; and
- give us such information as we may reasonably require from time to time relating to the goods and your ongoing financial position.
- Subject to clause 7.6, you may resell or use the goods in the ordinary course of your business (but not otherwise) before we receive payment for the goods. However, if you resell the goods before that time:
- you do so as principal and not as our agent; and
- title to the goods shall pass from us to you immediately before the time at which resale by you occurs.
- At any time before title to the goods passes to you, we:
- may by notice in writing, terminate your right under clause 7.5 to resell the goods or use them in the ordinary course of your business; and
- require you to deliver up all goods in its possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly, enter any of your premises or the premises of any third party where the goods are stored in order to recover them.
- Price and payment
- Where to find the price for the product. The price of the product will be the price indicated on our website when you placed your order, or as set out in our brochure or as told to you over the telephone. All prices are inclusive of VAT. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- 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.
- 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.
- When you must pay and how you must pay. We accept payment by bank transfer, by credit or debit card or by way of finance (if eligible). Payment must be made in Pounds Sterling. You must pay for the products before we dispatch them and for services before we deliver them.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Suspending the supply of products
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; and/or
- make changes to the product as requested by you or notified by us to you (see clause 11).
- 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. 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 5 working 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.
- 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 4) and you still do not make payment within 10 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 8.7). 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 8.6).
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- 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.
- Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and/or
- to implement minor technical adjustments and improvements.
- Minor changes to the products. We may change the product:
In the unlikely event that these changes have an impact on your use of our products you should contact us for an explanation of the reason for the change and to discuss the impact.
- More significant changes to the products and these terms. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
- Your rights to end the contract
- When you can 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, when you decide to end the contract and whether you are a consumer or business customer:
- 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 re-performed or to get some or all of your money back), see clause 16 if you are a consumer and clause 17 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you are a consumer and have just changed your mind about the product, see clause 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;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5.
- 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:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 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 5 working days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer and have ordered online or over the telephone. If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered:
- Have you bought services (for example, installation) online or over the telephone? If so, you have 14 days after the day we contact you to confirm we accept your order to change your mind. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought goods (for example, a shower) online or over the telephone? If so you have 14 days after the day you receive the goods to change your mind. If your goods are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- customised, bespoke or personalised goods;
- specifically requested visit for urgent repairs or maintenance; and
- services, once these have been completed, even if the cancellation period is still running.
- 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 are not a consumer who has a right to change their mind (see clause 3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered 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 are not a consumer who has changed their mind (in accordance with clause 12.3), 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.
- When you can 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, when you decide to end the contract and whether you are a consumer or business customer:
- How to end the contract with us
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01959 560010 or email us at enquiries @aqualisa.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Simply write to us at our head office, including details of what you bought, when you ordered or received it and your name and address.
- 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 either return the goods (in their original packaging) in person to where you bought them, or post or courier them back to us at The Flyer's Way, Westerham, Kent, TN16 1DE . Please call our Customer Helpline on 01959 560010 or email us at [email protected] for a return label or to discuss returns. If you are a consumer 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.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty, delivered in error or misdescribed; or
- 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.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. If you are entitled to a refund under these terms 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.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind in accordance with clause 3:
- 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 appropriate amount;
- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.; and
- where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind in accordance with clause 3 then:
- 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 2; or
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
- 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:
- you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
- 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;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the services;
- you are a business and you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- you are a business and your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 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.
- 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:
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Helpline on 01959 560010 or write to us at [email protected] or The Flyer's Way, Westerham, Kent, TN16 1DE.
- Your rights in respect of defective products if you are a consumer
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- 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, or post or courier them back to us. We will pay the costs of postage or collection in the circumstances set out in clause 3. Please call our Customer Helpline on 01959 560010 or email us at [email protected] for a return label or to discuss returns.
- Your rights in respect of defective products if you are a business
- If you are a business customer, in addition to any other written warranty we might provide to you, we warrant that on delivery, and for a period of 6 months from the date of delivery (warranty period), any products which are goods shall:
- conform in all material respects with their description; and
- be free from material defects in design, material and workmanship.
- Subject to clause 3, if:
- you give us notice in writing during the warranty period within 30 days of discovery that a product does not comply with the warranty set out in clause 1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
- If you are a business customer, in addition to any other written warranty we might provide to you, we warrant that on delivery, and for a period of 6 months from the date of delivery (warranty period), any products which are goods shall:
we shall, at our option, repair or replace the defective product (or the relevant constituent part(s)), or refund the price of the defective product (or the relevant constituent part(s)) in full.
- We will not be liable for a product's failure to comply with the warranty in clause 1 if:
- you make any further use of such product after giving a notice in accordance with clause 2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, exposure to corrosive substances or abnormal working conditions.
Except as provided in this clause 17, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 17.1. Except where we otherwise agree in writing, we offer no warranty or condition in respect of goods, materials or services of our suppliers or subcontractors but we will (where we consider it appropriate and practical to do so), assist you to obtain the benefit of such warranties as are available from them.
- These terms shall apply to any repaired or replacement products supplied by us under clause 2.
- Our responsibility for loss or damage suffered by you if you are a consumer
- 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.
- 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.
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage or provide reimbursement for repairs to your property caused by us while doing so at our discretion. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the level of public or product liability insurance cover held from time to time.
- Nothing in these terms shall limit or exclude our liability for:
- Find an Installer
We do not monitor the work carried out by any of the installers listed on our “Find an Installer” page of our website. We are therefore unable to endorse the quality of their work. We are not responsible for your use of any of the listed installers so please contact the installer directly if there is any issue with the installation. Whilst we use reasonable endeavours to provide up-to-date information on the Find an Installer page of the website, we cannot guarantee its accuracy as data is initially submitted by and needs to be updated by the listed installer.
How we will use your personal information. We will use your personal information:
(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 inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
Further information is set out in our privacy policy at www.aqualisa.co.uk/privacy-policy. We will only give your personal information to third parties where the law either requires or allows us to do so.
- Other important terms
- 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.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
- 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.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Alternative dispute resolution if you are a consumer. We have a complaints procedure which you can access if you have any issue with the supply of goods and/or services – please contact us to discuss a complaint in the first instance. If you are not satisfied with the outcome, you can contact Citizens Advice or seek alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
- The Uniform Law on the International Sale of Goods shall not apply to this contract.