Website terms and conditions for supply of goods to businesses and consumers
(last updated on 16/03/2016)
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Winchester Garden Machinery Limited, a company registered in England and Wales under company number 01561715 and with our registered office at C/O Wilkins Kennedy LLP Templars House, Lulworth Close, Chandlers Ford, Hampshire, SO53 3TL. We operate the website www.mowwithus.com. Mow With Us is a division of Winchester Garden Machinery Limited. Our main trading address is Hillier Garden Centre, Romsey Road, Winchester, Hampshire SO22 5DL. Our VAT number is GB 189 3741 19.
1.2 Contacting us if you are a consumer:
1.2.1 For cancellation. To cancel a Contract please see clause 11.
1.2.2 For any other reason. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 01962 892466 or by e-mailing us at email@example.com.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team on 01962 892466 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.2.
1.4 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.
1.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements are an indication only.
2.3 The packaging of the Products may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read this, as it includes important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 The Order Process. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (Acceptance Email), at which point a Contract will come into existence between you and us.
7.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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 SAGEPAY (our secure payment service provider) experiences an address fail, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
7.4 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.
8. 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.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 We may revise these Terms or change the Products as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
9.4 If we have to revise these Terms as they apply to your order or change any Product, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
10. YOUR RIGHTS TO END THE CONTRACT
This clause 10 only applies if you are a consumer.
10.1 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:
10.1.1 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 to get some or all of your money back), see clause 12;
10.1.2 if you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 if you have just changed your mind about the Product, see clause 10.3. 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 Products.
10.2 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 10.2.1 to 10.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
10.2.1 we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 9.4);
10.2.2 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;
10.2.3 there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control;
10.2.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons or we have to withdraw a Product for any reason, for example where the manufacturer cease to manufacture the Product in question; or
10.2.5 you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 13.16).
10.3 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.
10.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless:
10.4.1 Your Products 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 Products.
10.4.2 Your Products 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 Products.
11. HOW TO END THE CONTRACT WITH US (IF YOU HAVE CHANGED YOUR MIND)
This clause 11 only applies if you are a consumer.
11.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
11.1.1 Phone or email. Call customer services on 01962 892466 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2 Online. Complete the form on our site.
11.1.3 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11.2 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 either return the Products in person to where you bought them, post them back to us at Winchester Garden Machinery Limited, Fair Lane, Winchester SO21 1HF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01962 892466 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.3.1 if the Products are faulty or misdescribed;
11.3.2 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;
11.3.3 in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4 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.
11.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs (if any), by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
11.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop e.g where you have used the Products. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.6.2 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.
11.7 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:
11.7.1 If we have not offered to collect the Products, 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 11.2.
11.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
Clauses 11.8, 11.9 and 11.10 applies to both consumers and business customers
11.8 When returning any petrol powered Products all oil and petrol MUST be drained from the engine before you release the Products to a carrier. This is for the safety of the carrier firm.
11.9 If a carrier arrives to collect a petrol powered Product and it is discovered that all oil and petrol has not been drained by you as requested by clause 11.8, the carrier will not collect the Product and you must pay the costs the carrier charges for the abortive collection.
11.10 If a carrier has collected a petrol powered Product and it is discovered that all oil and petrol has not been drained by you as requested by clause 11.8, the Product will be delivered to the carriers quarantined premises. Should this occur then even if we are responsible for the costs of return under clause 11.3.1 or 11.3.2 you must pay the costs of the return of the Products from the carrier’s quarantined premises to us.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team on 01962 892466 or write to us at email@example.com or Winchester Garden Machinery Limited, Hillier Garden Centre, Romsey Road, Winchester, Hampshire SO22 5DL. Alternatively, please speak to one of our staff in-store.
Clause 12.2 to 12.4 only applies if you are a consumer.
12.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with the Contract. See below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a garden tractor, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
12.3 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 pay the costs of postage or collection. Please call customer services on 01962 892466 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12.4 We reserve the right to inspect/examine Products that have been returned and/or send them for tests if necessary to establish whether there is a fault or the Products are otherwise below satisfactory quality.
12.5 Where you are a business customer the terms of the manufacturer’s guarantee at clause 17 will apply subject always to our limits on liability set out in clause 18.
13.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Acceptance Email (the date on which we e-mail you to confirm our acceptance of your order) unless we agree a different period with you. However we will deliver the Products to you as soon as possible. Typically, if a Product is in stock we will deliver sooner than this and we normally aim to dispatch the Products as follows:
13.1.1 Countax and Toro garden tractors and John Deere products: All Countax and Toro garden tractors and John Deere products are delivered personally by one of our employees enabling a machine handover to take place in accordance with the manufacturer’s guidelines. We deliver within a 100 mile radius of our offices in Winchester, Hampshire. Deliveries to other locations might be possible by arrangement. Please contact us to discuss this.
13.1.2 All other garden tractors: All other lawn and garden tractors are delivered either on a wooden pallet or on/in a metal stillage. They will be delivered by a lorry with a tail lift facility to enable unloading. Please let us know if access might be a problem for a vehicle of 7.5 tonnes or greater (see below). It is your responsibility to dispose of the packaging. We normally dispatch garden tractors that we have in stock within 7 working days on a 2-3 day delivery service. We will let you know if this timescale is to be significantly different, for example at particularly busy times of the year or if the Products that you have ordered are currently out of stock.
13.1.3 Other Products: Smaller Products are delivered boxed using Ford Transit sized vehicles. We endeavour to dispatch Products that we have in stock within 3 working days.
13.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens.
13.3 Important Notice regarding Access for Deliveries. It is your responsibility to let us know if there might be any access problems for vehicles delivering the Products that you have ordered. Particularly when lawn and garden tractors are ordered, lorries fitted with tail lifts will be used. Narrow lanes, low or overhanging trees, narrow entrances or the lack of a turning area are all examples of possible access problems. Any alternative or extra delivery arrangements that might need to be made will be at your cost.
13.4 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to the carrier’s depot, in which case, the carrier will contact you to rearrange delivery.
13.5 If for any reason we are unable to deliver the Products because you refuse to take delivery or have not provided appropriate instructions, documents or authorisations, risk in the Products shall pass to you and we may store the Products until delivery, whereupon you shall be liable for all (reasonable) related costs and expenses.
13.6 Deliveries are usually made on working days only unless by prior arrangement. Please call us for more information and pricing regarding Saturday or timed deliveries. Any dates specified by us for delivery of the Products are intended to be an estimate only and times stated shall not be made of the essence by notice.
13.7 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
13.8 It is strongly recommended that all packages are inspected in front of the delivery driver prior to signing for them “in good condition”. Where this is not possible, it is suggested that Products are signed for as “unchecked” or “damaged” otherwise claims against our carriers for Products damaged in transit are unlikely to be successful.
13.9 If you have asked to collect the Products from our main trading premises you must pay for the Products at our premises at the time of collection. You can collect them from us at any time during our usual working hours.
13.10 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 or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
13.11 You own the Products once we have received payment in full, including all applicable delivery charges.
13.12 A signature will be required on delivery as proof of delivery. The delivery person may ask for assistance in unloading the Products from his/her vehicle at the destination if he/she feels that such assistance is necessary for the safe delivery of the Product. Such assistance must be provided if requested.
13.13 For safety in transit, petrol engines will be supplied “dry”. It is your responsibility to ensure that the engine is filled with the correct grade and quantity of engine oil.
13.14 An adequate quantity of engine oil will be supplied free of charge with all 4-stroke engines. Engine oil is not supplied with 2-stroke engines.
13.15 Orders made where accessories are ordered without main Product items may not be accepted or additional carriage charges may apply.
This clause 13.16 only applies if you are a consumer.
13.16 If we miss the 30 day delivery deadline for any Products (or where we have agreed a different delivery deadline with you, that deadline) then you may cancel your order straight away if any of the following apply:
13.16.1 we have refused to deliver the Products;
13.16.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
13.16.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
13.17 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 13.16.1, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
13.18 If you do choose to cancel your order for late delivery under clause 13.16 or clause 13.17, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. Please call customer services on 01962 892466 or email us at email@example.com for a return label or to arrange collection. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
13.19 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
13.19.1 deal with technical problems or make minor technical changes;
13.19.2 update the Product to reflect changes in relevant laws and regulatory requirements; or
13.19.3 make changes to the Product as requested by you or notified by us to you (see clause 8).
13.20 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, and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
13.21 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. For example, where the manufacturer cease to manufacture the Product. We will let you know as soon as possible should this occur and will refund any sums you have paid in advance for Products which will not be provided and offer you the opportunity to purchase an alternate Product.
14. INTERNATIONAL DELIVERY
14.1 We can supply Products to many countries outside the UK. If international delivery is required please call our customer services team on 01962 892466 or by post to Winchester Garden Machinery Limited, Hillier Garden Centre, Romsey Road, Winchester, Hampshire SO22 5DL. The customer services team will provide you with a quotation in this respect and the terms and conditions applicable to such request.
14.2 You may place an order for Products from outside the UK for delivery within the UK via our site, but this order must be must be paid for via a UK issued credit/debit card with a UK billing address or by bank transfer.
15. PRICE OF PRODUCTS AND DELIVERY CHARGES
15.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 15.5 for what happens if we discover an error in the price of Product(s) you ordered.
15.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
15.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.4 Our delivery charges (if any) are as advised to you during the check-out process, before you confirm your order.
15.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
15.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
15.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, 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 supply of the Product and refund you any sums you have paid.
16. HOW TO PAY
16.1 You can only pay for Products as follows:
16.1.1 Card Payments – All orders placed via our site must be paid for by UK issued credit/debit card with a UK billing address. We reserve the right to void or refund any payments made which do not fulfil these criteria. Card types accepted by SAGEPAY (our secure payment service provider) are Mastercard, UK Maestro, Visa Debit/Delta, Visa Credit, Visa Electron and American Express;
16.1.2 PayPal – When reaching the SAGEPAY payment screen, you will be directed to the secure PayPal site to make payment. Please note that we will only deliver to a UK address that is registered as your billing address with PayPal. PayPal call this a “confirmed” address. You can check the suitability for the addresses that PayPal has recorded for you within your PayPal account under “My Account, Profile, My Details, Address”;
16.1.3 Bank Transfer – We accept payment by bank transfer (BACS/electronic transfer) directly into our bank account. If you wish to pay for Products this way please contact us and request to do so. We can supply our bank details so that you can make the necessary arrangements.
16.2 During the ordering process, you will be transferred to the SagePay secure payment site to enter your credit/debit card details. We will not be given your credit/debit card number. If you have any security concerns please do not hesitate to contact us. We recommend that you make all payments using SagePay secure payment system. If you send us Credit/Debit card details using e-mail your details will not be encrypted and we cannot be held responsible for the security of the information you provide.
16.3 Please take particular care with regards to entering your personal address information on SagePay. If your house has a name and a number then it is imperative that both are entered when inputting your address. Also, please take care to enter the post code correctly. Your address details MUST EXACTLY MATCH the billing address of your credit/debit card as recorded by your card issuer. Payment will be rejected if these details do not match.
16.4 Payment for the Products and all applicable delivery charges is in advance unless you are collecting the Product from us in which case clause 13.9 applies.
17. MANUFACTURER GUARANTEES
17.1 All of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. The terms of the manufacturers guarantee will vary depending on whether you are a consumer or a business.
17.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
18. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
18.2 Nothing in these Terms limits or excludes our liability for:
18.2.1 death or personal injury caused by our negligence;
18.2.2 fraud or fraudulent misrepresentation;
18.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
18.2.4 defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, 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:
18.3.1 any loss of profits, sales, business, or revenue;
18.3.2 loss or corruption of data, information or software;
18.3.3 loss of business opportunity;
18.3.4 loss of anticipated savings;
18.3.5 loss of goodwill; or
18.3.6 any indirect or consequential loss.
18.4 Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. OUR LIABILITY IF TOU ARE A CONSUMER
This clause 19 only applies if you are a consumer.
19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3 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 and for defective Products under the Consumer Protection Act 1987.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.
20.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
20.2.1 we will contact you as soon as reasonably possible to notify you; and
20.2.2 our obligations under a 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.
20.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant unused Products you have already received and we will refund the price you have paid, including any delivery charges.
20.4 If you are a Consumer your right to cancel under clause 20.3 shall apply where the Event Outside Our Control is likely to result in a substantial delay (which may be shorter than 90 days).
21. COMMUNICATIONS BETWEEN US
21.1 If you are a consumer you may contact us as described in clause 1.2.
21.2 If you are a business:
21.2.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
21.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
21.2.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21.2.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the manufacturers warranty to the recipient of the gift without needing to ask our consent. However to enable us to logistically deal with the recipient we ask that you notify us upon purchase of the name and address of the recipient.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of the manufactures warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
22.8 Online dispute resolution. Online 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 happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.