1. About Us
1.1. Life Outdoors Ltd t/a Wimba is a company registered in England and Wales (company number 11213048) registered office is at 24 Lodge Close, Edgware, England, HA8 7RL (Company, we, us, our). We operate the website www.thewimbaway.co.uk (Website).
1.2. If you have any questions about these Terms of Business, please contact us by calling us on +44 208 611 2603 or email us to email@example.com.
2. Our Contract with you
2.1. These Terms of Business govern our sale of Products to you.
2.2. Please read these Terms of Business carefully before you purchase any Products from us. These Terms of Business contain important information about your legal rights, remedies and obligations. They will tell you who we are, the terms under which we will sell the Products to you, how we may change these terms or end the contract with you, what to do if there is a problem and other important information.
2.3. By purchasing the Products from us, you agree to be bound by these Terms of Business and any documents expressly referred to in it. If you do not agree to these Terms of Business, you should not purchase the Products from us.
2.4. We recommend that you print or save a copy of these Terms of Business for future reference.
2.5. If you would like to receive a printed copy of these Terms of Business, please email us to firstname.lastname@example.org 2.6. We especially bring your attention to Clause 17 which refer to the limitation of our liability.
2.7. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Terms of Business unless expressly otherwise agreed between the parties in writing.
2.8. These Terms of Business will be made only in the English language.
2.9. You must be at least 18 years old and be able to enter into legally binding contracts to purchase the Products from us. By accessing or using our Website, by buying from us or requesting us to provide you with the service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.10. If you act on behalf of a company, you also represent that you have the authority to legally bind that entity and agree to indemnify us for any loss suffered if you do not.
3.1. 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 reflects the colour of the Products. The Products may vary slightly from those images and the depiction of the Products with accessories may be used for illustrative purposes only. You are advised to check that the Products you would like to purchase include such accessories before placing the order.
3.2. The Products shown on the Website are strictly subject to availability.
3.3. All photographs, advertising and specifications provided by us are issued or published for the sole purpose of giving an appropriate idea of the Products but do not purport to be an exact or complete reproduction. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated have 5% tolerance.
3.4. If we are making the Products to measurements, you have given us you are responsible for ensuring that these measurements are correct.
3.5. If requested, we will explain the condition of the Products at the time of the sale however this should not be construed as advice for you to purchase such Products or the suitability of those Products.
4. Placing an order
4.1. We will take all reasonable care to ensure that all details, descriptions and prices of Products that appear on our Website are correct. Although we aim to keep the Website as up to date as possible, the information appearing on our Website may not always reflect the availability of the Products.
4.2. The listing of the Products on our Website is an invitation to treat only.
4.3. Once you have selected the Product of your choice we will confirm if the Products are available and if we are able to sell it to you. Please note that although we will endeavour to hold the Products for you to complete all the aspect of the sale if so requested, our agreement to do so does not constitute our acceptance of your offer to purchase the Products.
4.5. Once you have placed the order you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 4.6.
4.6. Our acceptance of your order takes place when we send the email to confirm that we have received your order and that we accept it, at which point the contract between you and us will come into existence for the sale of the Products (“Order”).
4.7. If we are unable to supply you with the Products for any reason, we will inform you of this as soon as possible and we will not process your order. If you have already paid for the Products, we will refund you the full amount within 7 days.
4.8. Non acceptance of the order may be a result of one of the following:
4.8.1. The Products are no longer available;
4.8.2. We are unable to collect your payment;
4.8.3. There was an error in the pricing or identification/description of the Products; 4.8.4. You are unable to meet eligibility to order criteria set out in Clause 2.9 or 2.10;
4.8.5. We have reason to suspect fraudulent activity.
5. Your rights if you are a consumer
5.1. This clause 5 applies to consumers only. You are a consumer if you purchase the Products for domestic and private use only (Consumer).
5.2. If you are a consumer, in accordance with the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 we must provide you with certain information so that a valid and legally binding agreement can be established between you and us. This required information is set out in these Terms of Business.
5.3. If you purchase the Products as a Consumer, you agree not to use the Products for any commercial, business or re-sale purposes.
5.4. You agree and understand that Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 apply to Consumers only and does not apply to Trade Users.
5.5. As a Consumer, you have legal rights in relation Products that are faulty or not as described. Nothing in these Terms of Business will affect these legal rights. You also have certain rights to change your mind and these are set out in Clause 11.
6. If you are a trade 6.1. This clause 6 only applies if you are a business (Trade User).
6.2. As a Trade User you confirm that you have authority to bind any business on whose behalf you purchase the Products.
6.3. These Terms of Business and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Business or any document expressly referred to in them.
6.4. You agree and understand that Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 will not apply to you if you are a Trade User.
6.5. This does not affect your statutory rights pursuant to Sale of Goods Act 1979 and your rights if the Products are faulty, not fit for purpose or not as described.
7. Purchase Price
7.1. The Purchase Price for the Products will be as quoted at the time you place your order. We take all reasonable care to ensure that the Purchase Price of the Products are correct at the time when the relevant information was entered onto the system.
7.2. The Purchase Price that we quote will be in GBP. Payments must be made to us in GBP and any refunds will only be issued by us in GBP. We do not accept liability for fluctuations in the exchange rate, which may affect the price of the Products or your refund.
7.3. We may change the Purchase Price for the Products at any time without any notice to you, but changes will not affect any order that has been accepted by us.
7.4. The Purchase Price of the Products will include VAT (where applicable and unless expressly otherwise stated) 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.
7.5. Unless expressly otherwise stated at the time of your purchase, the Purchase Price of the Products does not include the delivery fees and charges (Delivery Fees) which will be quoted separately at the time of your purchase.
7.6. The Purchase Price of the Products does not include assembly services. We do not offer assembly services but may, if expressly requested by you, provide you the contact details of third-party providers that may be able to offer those services. As these services are provided by third parties we do not own, create, sell, provide, resell, control, manage, offer, deliver or supply the assembly services and therefore are not liable for any assembly services.
7.7. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. If we mistakenly 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 cancel sale of the Products and refund you any sums you have paid.
8.1. You can make the payment for the Products by following instructions on our Website or by contacting our Customer Services Team who will be able to assist you.
8.2. In some instances, we may accept payments by BACS. Please note we are not responsible if you make payments to the wrong account and we encourage you to verify our bank details by calling our Customer Services Team once you have received an invoice from us.
8.3. We will never change our bank details over the email and therefore if you receive an email from us notifying you of the change of banking details from us, please contact us over the telephone to verify the change. It is important that you do not email us to verify such change.
8.4. In some instances, we may be able to reserve the Products for you for an agreed period of time. We may require for a holding deposit to be paid at the time you reserve the Products (Deposit).
8.5. Where no specific time to complete the purchase was agreed and a Deposit has been paid by you, we retain the right to issue an invoice requesting for the final payment in which case payment terms will be 28 days from the invoice issue date.
8.6. When we collect the Deposit and agree to hold the Products for you in accordance with Clause 8.4 or 8.5 time for payment is of essence. If we do not receive the payment by such date, we will be able to sell the Products to someone else.
8.7. Unless expressly otherwise agreed at the time you place your order, Deposits are non-refundable unless you are a Consumer and your purchase is cancelled within the Cooling Off Period and in accordance with Clause 12.
8.8. If we reasonably suspect a fraudulent payment, then we will not dispatch the Products and we will not carry out any refunds until authorised by our bank.
9. Title to Products
9.1. The title to Products remains with us and will not pass to you until we have received full cleared payment for Purchase Price and all the charges associated with the sale of the Products.
9.2. If you have possession of the Products before full payment has been made, you undertake to:
9.2.1. keep the possession of Products. You agree not to (or instruct someone else to do this on your behalf) sell it, export it or hand it over to any other person or dispose of any interest in it and agree to indemnify us if you do;
9.2.2. keep all identifying marks showing that we own the Products clearly displayed;
9.2.3. preserve the Products in the same state as it was on delivery and not in any way modify, restore, repair, reframe or alter the Products;
9.2.4. use keep the Products safe and use best endeavours to prevent any damage to or deterioration of the Products;
9.2.5. at our request, subject to reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it;
9.3. Please note that if you have possession of the Products but the title remains with us in accordance with these Terms of Business, we have the right to take possession of the Products at any time.
10. Dispatch and Delivery
10.1. Payment for the Products and all other applicable charges are to be made in advance. We must receive cleared payment for the Products and associated costs before we dispatch the Products.
10.2. Once we have received the payment in full and your order has been accepted, we will process your order for delivery.
10.3. Our delivery lead times may vary, and you will be advised of those delivery times at the time you place an order.
10.4. We currently offer Collection, Standard Home Delivery and Express Home Delivery services. We will advise you on your delivery options at the time you place an order.
10.5. All delivery lead times are subject to Events Outside Our Control clause 18. We are not responsible for delays outside our control. If our supply of the Products are 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.
10.6. When you choose collection services you will be notified of when the Products are ready for your collection. Collection services are completed when the Products have been unloaded at our warehouse and were made available for your collection. We may request you to provide a copy of your ID at the time of collection to verify your identity. You can collect the Products from us by appointment only.
10.7. If you have requested the Products to be delivered to you, your order will be delivered to the delivery address you have provided to us when you placed your order by a third party courier. It is your responsibility to ensure that the delivery address you provide us with is correct. We will not be liable for any loss or delay in delivery of the Products to you that is caused by your failure to provide us with adequate delivery instructions or if you have provided us with a wrong address.
10.8. The delivery lead times for Standard Home Delivery are 5 – 10 business days but may vary and be longer during busier times or if your delivery address is more remote. The shipping cost for Standard Home Delivery will be advised at the time you place your order (Standard Delivery Fee).
10.9. The delivery lead times for Express Home Delivery are 1 - 2 business days but may vary and be longer during busier times or if your delivery address is more remote. The shipping cost for Express Home Delivery will be advised at the time you place an order (Express Delivery Fee).
10.10. You will be notified by the courier once your Products have been dispatched. We use third party providers for delivery services, and you may be contacted by them to make arrangements for delivery.
10.11. In the event of a failed delivery to you, our courier may re-attempt delivery, leave your delivery with a neighbour or in a safe place outside of your home or leave you a card informing you of how to rearrange delivery or collect the Products from the courier’s local depot.
10.12. 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 with the courier or collect the Products from a delivery depot 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 with you and clause 19 will apply.
10.13. We may from time to time offer promotional offers for deliveries. Such promotional offers can be withdrawn at any time and any such existence of a promotional offer does not impose an obligation on us to provide the same promotional offer for any future orders.
10.14. The risk to the Products passes when delivery is completed. Delivery is complete once the Products have been delivered and unloaded at your designated delivery address.
10.15. If you fail to accept delivery of the Products at the agreed date and time, we may charge you for the reasonable costs for postage, storage and insurance.
10.16. You are advised to inspect the packaging of the Products immediately upon delivery. Any visible damage to the packaging must be reported to us within 24 hours from the date and time of delivery. Products received by you and not reported as damaged within 24 hours will be deemed as delivered without damage.
10.17. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods by 30 days of more then you may treat the contract as at an end straight away if any of the following apply:
10.17.1. we have refused to deliver the goods;
10.17.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.17.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
11.1. 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 with us.
11.2. We may change the product:
11.2.1. to reflect changes in relevant laws and regulatory requirements; and
11.2.2. to implement minor technical adjustments and improvements, for example to address a healthy and safety threat. These changes will not materialy affect your use of the product.
12. Cancellations (Consumer)
12.1. This Clause 11 applies to Consumers only.
12.2. 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:
12.2.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Products repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14.
12.2.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.3.
12.2.3. If you have just changed your mind about the Products, see clause
12.4. You may be able to get a refund if you have changed your mind, but this may be subject to deductions and other costs and will not apply to all purchases.
12.2.4. In all other cases (if we are not at fault and there is no right to change your mind), and clause 12.6.
12.3. If you are ending a contract for a reason set out at 12.3.1 to 12.3.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
12.3.1. we have told you about an upcoming change to the Products or these Terms of Business which you do not agree to;
12.3.2. we have told you about an error in the price or description of the Products you have ordered, and you do not wish to proceed;
12.3.3. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
12.3.4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
12.3.5. you have a legal right to end the contract because of something we have done wrong.
12.4. In accordance with Consumer Contract Regulations 2013, you are entitled to certain cancellation rights when you buy the Products at a distance (email, phone, website) or off our premises. If you have purchased the Products online, via email or by phone, you have the right to change your mind, provided that you exercise your right no longer than 14 days after the day on which you or someone you have nominated receives the Products (Cooling Off Period). When exercising your right to change your mind it is important that you understand that:
12.4.1. Your right to change your mind does not apply to Products that are not sold at a distance or off premises;
12.4.2. You do not have a right to change your mind if you are a Trade User.
12.4.3. Your right to change your mind does not apply to Products that have been made to measure, made to specification, have been personalised or otherwise altered as per your request.
12.5. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Products repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14.
12.6. If we are not at fault and you do not have a right to change your mind you may still end the contract before it is completed, but you may have to pay us compensation. A contract for Products is completed when the Products are delivered. If you request to cancel the contract, 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 as compensation reasonable costs we will incur as a result of your ending the contract.
12.7. We offer a goodwill cancellation period to Consumers who do not have the right to change their mind under the Consumer Contract Regulations 2013. Under our goodwill cancelation policy, you may return the Products to us within 14 days from the date the Products were delivered to you if you change your mind or no longer need the Products. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products. In order to benefit from the goodwill cancellation period you must:
12.7.1. Notify us of your intention to cancel the contract in accordance with clause 13;
12.7.2. Return to us the Products at your own cost within 14 days from the date the goods were delivered to you;
12.7.3. Return the Products to us in the original and undamaged packaging and in the unused resellable condition.
13. How to Cancel the Contract
13.1. If you wish to cancel a contract with us, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address so that we can identify your order. To end the contract with us, please let us know by doing one of the following:
13.1.1. Phone or email. Call Customer Services Team on 0208 611 2603 or email us at email@example.com.
13.1.2. Online. Complete the cancellation form on our website by clicking here.
13.1.3. By post. Complete the cancellation form (attached) and post it to us at the address on the form. Or simply write to us at 24 Lodge Close, Edgware, England, HA8 7RL including details of what you bought, when you ordered or received it and your name and address.
13.2. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
14. Faulty Products
14.1. If you have any questions or complaints about the Products, please contact us. You can telephone our Customer Service Team on 0208 611 2603 or email us to firstname.lastname@example.org. You can also write to us to 24 Lodge Close, Edgware, England, HA8 7RL.
14.2. We are under a legal duty to supply Products that are in conformity with this contract. The summary of your key legal rights in relation to the Products is set out in these Terms of Business. Nothing in these Terms of Business will affect your legal rights.
14.3. The Consumer Rights Act 2015 says that any Products that we sell to you must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
14.3.1. up to 30 days: if your Products are faulty, then you can get an immediate refund.
14.3.2. up to six months: if your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
14.3.3. up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
14.4. 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 them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Customer Services Team on 0208 611 2603 or email us to email@example.com. You can also write to us to 24 Lodge Close, Edgware, England, HA8 7RL for a return label or to arrange collection.
14.5. Please note that if we have informed you that the Products have certain fault with them at the time of purchase, the Products will not be regarded as faulty
unless they have another fault than the one that has been notified to you at the time you placed an order.
15. Cancellations (Trade Users)
15.1. If you are a Trade User and you purchase our Products, you are entitled to certain cancellation rights in accordance with statute.
15.2. You can end the contract with us:
15.2.1. If the Products do not conform in all material respects with their description;
15.2.2. If the Products are not free from material defects in design, material and workmanship (other than the ones that you were advised of at the time of placing an order);
15.2.3. If the Products are of not satisfactory quality (within the meaning of Sale of Products Act 1979);
15.2.4. If the Products are not fit for any purpose held out by us (within the meaning of Sale of Goods Act 1979).
15.2.5. If we have told you about an upcoming change to the Products or these Terms of Business which you do not agree to;
15.2.6. If we have told you about an error in the price or description of the Products you have ordered, and you do not wish to proceed;
15.2.7. If there is a risk that supply of the Products may be significantly delayed because of events outside our control;
15.2.8. If we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
15.2.9. If you have a legal right to end the contract because of something we have done wrong.
15.3. You will have reasonable time to inspect and examine the Products and given the nature of the Products, we consider that 2 business days after the delivery of the Products is reasonable. You should inspect the Products as soon as reasonably practicable and you must inform us promptly if the Products are damaged or they are not as described.
15.4. If you were specifically informed of the material defect in design, material or workmanship of the Products before you have placed an order, your right to return order in accordance with Clause 15.1 will be limited to such extent as is reasonable.
15.5. If we are not at fault you may still end the contract before it is completed, but you may have to pay us compensation. A contract for Products is completed when the Products are delivered. If you request to cancel the contract before the contract was completed the contract will end immediately and we will refund any sums paid by you for Products not yet dispatched, provided that you exercise your right to cancel within 14 days from the date of your order. We may deduct from that refund as compensation reasonable costs we will incur as a result of your ending the contract in accordance with this clause.
15.6. We offer a goodwill cancellation period to Trade Users. Under our goodwill cancelation policy, you may return the Products to us within 14 days from the date the Products were delivered to you if you change your mind or no longer need the Products. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products. In order to benefit from the goodwill cancellation period you must:
15.6.1. Notify us of your intention to cancel the contract in accordance with clause 13; and
15.6.2. Return to us the Products at your own cost within 14 days from the date the goods were delivered to you;
15.6.3. Return the Products to us in the original and undamaged packaging and in the unused resellable condition.
16. Returning the Products
16.1. If you end the contract for any reason after Products have been dispatched to you or you have received them, unless clause 16.4 applies, you must return them to us at your own cost.
16.2. You must either return the Products in person to where you bought them or post them back to us to Wimba, Safestore, 47 High Street, Edgware, HA8 7DD.
16.3. If you would like to return the Products to us in person, please contact our Customer Services Team to arrange for a mutually convenient time. All returns take place by appointment only.
16.4. We will only pay the costs of return if:
16.4.1. the Products are faulty or misdescribed;
16.4.2. you are ending the contract because we have told you of an upcoming change to the Products 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.
16.5. If you cancel the contract with us, you must ensure that you take reasonable care of the Products and you must return the Products, together with any documentation as applicable. You must return the Products to us in the original and undamaged packaging and in the unused resellable condition within 14 days of notifying us that you wish to cancel the contract.
16.6. We will refund you the Purchase Price plus the Delivery Fees paid by the method you used for payment if:
16.6.1. the Products are faulty or misdescribed;
16.6.2. you are ending the contract because we have told you of an upcoming change to the Products 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.
16.7. We will refund you the Purchase Price plus the Standard Delivery Fees paid (if any) by the method you used for payment if you are exercising your right to change your mind provided that:
16.7.1. We may reduce your refund of the Purchase Price to reflect any reduction in the value of the Products, if this has been caused by your mishandling them;
16.7.2. If we refund you the Purchase 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.
16.7.3. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. Therefore, if you have requested for Express Home Delivery, we will only refund you the Standard Delivery Fee. We will only refund what you would have paid for the cheaper delivery option.
16.8. If you are terminating your contract with us in accordance with clause 12.6, 12.7, 15.5, 15.6 (goodwill cancellation period) we will refund you the Purchase Price by the method you used for payment provided that:
16.8.1. We may reduce your refund of the Purchase Price to reflect any reduction in the value of the Products, if this has been caused by your mishandling them;
16.8.2. We may reduce your refund of the Purchase Price if the Product is returned to us in a non original or damaged packaging;
16.8.3. If we refund you the Purchase 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;
16.8.4. We may reduce your refund of the Purchase Price by a reasonable sum for restocking the Product, for the time taken to inspect the Product and for any other reasonable costs incurred as a result of you breaking the contract (usually 3% of the Purchase Price or £20 whichever is greater).
16.9. Any refund due to you will be made within 14 days from the day on which we receive the Products back from you or from the date we have received your cancellation notice, whichever is later.
16.10. We will not be responsible for the items lost or damaged in transit when you are posting them back to us and refund will be issued only if the Products have been returned to us in the same state as when dispatched to you.
16.11. Given the nature of the Products, we strongly recommend that you use a reputable courier company when returnin the Products to us. If we do not receive the Products or if they are returned to us damaged, we may be unable to issue you a refund or may only be able to issue a proportion of the refund to reflect the devaluation of the Products. This does not affect your statutory rights.
16.12. If you are returning faulty Products, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy of receipt. Please note that at our sole discretion we retain the right to arrange our own courier to collect the Products from you if the Products are faulty.
16.13. We do not normally deliver outside the UK. If you are returning the Products to us from outside the UK, you may have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities. Any additional charges for customs clearance will be your responsibility. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs office for further information.
16.14. Upon receipt of the Products we will need reasonable time to inspect the Products returned to ensure that they have not been altered in any way and that they are the same item that was sold to you. We may also make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary or negligent handling by you, if it is returned to us damaged or it is not returned in the original packaging.
17. Our Liability to you
17.1. Nothing in these Terms limit or exclude our liability for:
17.1.1. death or personal injury caused by our negligence;
17.1.2. fraud or fraudulent misrepresentation; or
17.1.3. defective Products
17.1.4. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.1.5. 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);
17.1.6. any clauses that cannot be excluded under the Consumer Rights Act 2015 (if you are a consumer)
17.2. Subject to clause 17.1, 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:
17.2.1. any loss of profits, sales, business, or revenue;
17.2.2. loss or corruption of data, information or software;
17.2.3. loss of business opportunity;
17.2.4. loss of anticipated savings;
17.2.5. loss of goodwill; or
17.2.6. any indirect or consequential loss.
17.3. Except as expressly stated in these Terms of Business, 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 of Business 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.
17.4. If we fail to deliver the Products our liability is limited to the cost of the Products and Delivery Fees. However, we will not be liable to the extent that any failure to deliver was caused because you failed to provide adequate delivery instructions, pay correct delivery fee or any other instructions that are relevant to the supply of Products.
18. Events outside our control
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
18.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
18.2.1. we will contact you as soon as reasonably possible to notify you; and
18.2.2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19. Breach of Contract
19.1. 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:
19.1.1. you do not make any payment to us when it is due and you still do not make payment within 5 business days of us reminding you that payment is due;
19.1.2. 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.
19.1.3. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
19.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 19.1 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.
20. Communication between us
20.1. When we refer to “in writing” in these Terms of Business, this includes email.
20.2. Any notice or other communication given by one of us to the other under or in connection with these Terms of Business must be in writing and sent by email.
20.3. A notice or other communication is deemed to have been received at the time it was received by us.
20.4. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
20.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action in which case normal service procedures.
21.1. Without prejudice to any other rights and remedies we will have lien over the Products whilst there are any fees owed to us by you.
22. Assignment and Transfer
22.1. We may without restriction assign, transfer or delegate our rights and obligations under these Terms of Business to another entity but this will not affect your rights or our obligations under these Terms of Business.
22.2. You may not assign, transfer or delegate your rights and obligations under these Terms of Business without our prior written consent.
23.1. We reserve the right to change these Terms of Business at any given time, but any such changes will not affect any orders that we have accepted as at the date these Terms of Business were changed.
23.2. We may change these Terms of Business from time to time by posting a revised version of it on our Website. You will be able to see the most up to date version of the Terms of Business and the date and time of when these Terms of Business have become effective.
23.3. We may post the notice of the updated Terms of Business on our Website and we encourage you to routinely check the terms before you place an order with us.
23.4. If you access or use our Website or continue to buy from us you will be considered as having consented to all the changes to these Terms of Business.
24. Third Party Rights
24.1. Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
25. Entire Agreement
25.1. Except as they may be supplemented by additional terms and conditions expressly to which these Terms of Business refer, policies, guidelines or standards, these Terms of Business constitute the entire Agreement between us and you pertaining to the sale of Products to you and supersede any and all prior oral or written understandings or agreements between you and us in relation to the access to and use of our Website.
26.1. If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
26.2. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Business.
27.1. If we do not insist that you perform any of your obligations under these Terms of Business, 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 or that you do not have to comply with those obligations unless acknowledged and agreed by us in writing. Except as expressly set forth in these Terms of Business, the exercise by either party of any of its remedies under these Terms of Business will be without prejudice to its other remedies under these Terms of Business or otherwise permitted under law.
28.1. Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
29. Governing Law
29.1. These Terms of Business, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
30.1. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Business.
31. Feedback and Review
31.1. We welcome and encourage you to provide feedback, comments and suggestions of how we can improve our Website or what we can do to improve the service we provide. You may submit feedback by e-mailing to us. By submitting your feedback or suggestions you grant as a non-exclusive, worldwide, royalty free, irrevocable sub licensable, perpetual license to use and publish those ideas for any purpose. You undertake and understand that if we do so there will be no
compensation due to you and that any feedback submitted by you to us is non- confidential and not proprietary material to you.
32.1. We work hard to ensure that you have a good experience when purchasing Products from us. If we fall short of the high standards, we set upon ourselves, we would love to hear from you. We ask that you telephone our Customer Service Team on 0208 611 2603 or email us to firstname.lastname@example.org. You can also write to us to 24 Lodge Close, Edgware, England, HA8 7RL.