Terms & Conditions

1. Definitions

The Terms of Use, together with the documents referred to in it, govern your access to and use of our Website. The Terms of Business govern the sale of Products to you.

Terms of Business:
means these terms and conditions;

Product:
means any product displayed for sale on our website, any product made to your specification or any product that we otherwise may sell to you;

Product Description:
means the information provided in relation to the individual product;

Website User:
means the user of the website;

Personal Information:
means the details provided by you on registration, when purchasing a Product or otherwise contacting us and as defined in our Privacy Notice;

Company, We, Us, Ours:
means Evermore London Limited (company number 10096816), a company registered in England and Wales and our registered office is at 38 Gossamer Gardens, London, E2 9FN;

Website:
www.evermorelondon.com including any subdomains thereof, and any other websites through which we make our services available to you;

Cookies:
means small text files, which our Website places on your computer’s hard drive to store information about your shopping and to identify your computer;

You:
means a user of this Website or any other person or entity that places an order;

United Kingdom:
means England, Wales, Scotland, Northern Ireland and Channel Islands;

Consumer:
you are a consumer if you purchase the Products for domestic and private use only;

Trade User:
you are a consumer if you purchase the Products for domestic and private use only;

Event Outside Our Control:
any act or event beyond our reasonable control;

Order:
your order for the Products, as set out in your basket if purchase is made on our Website, your purchase order form or your written acceptance of our quotation as the case may be;

Specification:
any specification for the Product, including any related plans and drawings, that is agreed in writing by us and you.

2. About Us

2.1. If you have any questions about our Products or these Terms of Business please contact us before you place an order. You can get in touch by emailing our customer services to info@evermorelondon.com or by calling us on any of our designated telephone numbers which are available on our Website.

3. Terms of Use

3.1. By accessing or using our Website you agree to be bound and comply with the Terms of Use. If you do not agree with the Terms of Use, you must not use our Website.

3.2. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

3.3. We retain the right to temporarily or permanently, with or without notice to you, modify or withdraw the access to this Website (or any part thereof). You confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

3.4. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website We also do not make any warranties in respect of any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

3.5. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

3.6. We retain the right to change the Terms of Use from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions, then you must immediately stop using the Website.

3.7. To promote the Website and to increase value to our Trade Users we may display our Products on other Websites, in applications, within emails, and in online and offline advertisements. Our Website may also contain links to third party Websites and resources. Such Third-Party Services may be subject to different terms and conditions as well as different Privacy Policies. We are not liable or responsible for the contents, availability or accuracy of such Third-Party Services, or products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.

3.8. Due to the nature of the internet and other external factors, we cannot guarantee the continuous accessibility and uninterrupted availability of the Website. We may also restrict availability of certain areas or features of the Website at any time. We may also change, modify, enhance, improve, restrict and introduce new services or Products from time to time or introduce other services or Products supplied by other providers.

3.9. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.10. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

3.11. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.12. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

3.13. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

3.14. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Terms of Business

4.1. Please read our Terms of Business carefully, as they contain important information about your legal rights, remedies and obligations. They will tell you who we are and define the terms of sale of Products to you. They also tell 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.

4.2. By purchasing from us you agree to comply with and be bound by the Terms of Business. If you do not agree to these Terms of Business, you should not purchase Products from us.

4.3. We recommend that you print or save a copy of these Terms of Business for future reference.

4.4. We especially bring your attention to Clause 14, which refers to the limitation of our liability.

4.5. We also bring your attention that these terms apply exclusively to Consumers.

4.6. These Terms of Business will be made only in the English language.

4.7. No other 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 stated in these Terms of Business.

4.8. You must be at least 18 years old and be able to enter into legally binding contracts to access and use our Website or place any order. By accessing or using our Website and/or buying from us or by requesting us to provide you with the quote, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you act on behalf of the entity you also represent that you have the authority to legally bind that entity.

4.9. In order for us to be able to enter into a contract with you we will collect information from you. Any information provided by you and collected by us will be processed in accordance to our Privacy Policy.

    4.9.1.  If you purchase the Products as a Consumer, you agree not to use the Products for any commercial, business or re-sale purposes. Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 apply to Consumers only and does not apply to Trade Users.

4.10. In accordance to the Consumer Contracts 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 our Terms of Business.

5. Trade Users

5.1. If you are a Trade User, before you are able to access and use certain features applicable to Trade Users you must create a Trade User account with us. Please note that different term will apply if you are purchasing our goods a Trade User.

5.2. If you are creating a Trader User account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Business.

5.3. As a Trade User you may be entitled to certain discounts and offers that are not available to Consumers. You agree and understand that as a Trade User you will also be entitled to different statutory rights to which a consumer would be entitled to and agree that any other statutory provisions intended for consumers only shall not be applicable to you as a Trade User when you purchase Products from us.

5.4. In order to open a Trade User account, we may need to verify that you are a bona fide trader and as part of our verification process we may request additional information from you. Any information requested will be processed in accordance to our privacy policy. We may also seek additional information from publicly available sources, such as LinkedIn or Companies House or web search to gain and very information provided by you. You can open the Trade User account by contacting our Trade User service department.

5.5. You undertake and warrant that the information that you provide to us at any time is accurate, current and complete and that you will keep the Trade User account up to date at all times.

5.6. You may not register more than one Trade User account unless we expressly authorise you to do so and you may not assign or otherwise transfer your Trade User account to another party.

5.7. It is your responsibility to ensure that you maintain the confidentiality and security of your Trade User account credentials and do not disclose them to any third party. You must immediately notify us if you know or have any reason to suspect that your information or your log in details have been lost or stolen, compromised or misappropriated. You are liable for any and all activities conducted on your Trade User account unless such activities are not authorised by you or you are not otherwise negligent including but not limited in your failure to inform us of any potential or actual unauthorised use of your Trade User account or loss of your credentials.

5.8. You agree to indemnify us if we suffer a loss due to your failure to comply with Clause 5.5, Clause 5.6 and Clause 5.7.

6. Placing an Order

6.1. This Clause 6 applies to the to all orders you place for Products.

6.2. No other terms are implied by trade, custom, practice or course of dealing.

6.3. If you do not wish to accept these Terms of Business, you will not be able to buy Products from us. You indicate acceptance of these terms by placing an Order with us.

6.4. We will take all reasonable care to ensure that all details, descriptions and prices of Products that appear on our Website are correct at the time when the relevant information was uploaded onto our system. Although we aim to keep the Website as up to date as possible, the information appearing on our Website may not always reflect the position or the availability of the Products at the time when you place an order. We are also unable to confirm the price of the Products until your order is accepted in accordance with Clause 7.5.

6.5. The listing of the Products on our Website is an invitation to treat only.

6.6. 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 reflects the colour of the Products. The colour of your Products may vary slightly from those images.

6.7. You can place your order online. The technical aspects of placing your order and our acceptance of the order online will take place as follows:

  • 6.7.1  Once you have selected the Product of your choice, please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Product specified in the order subject to these Terms of Business.
  • 6.7.2  Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
  • 6.7.3  Before you are able to complete your order online, you will be requested to enter your payment details online. We will normally not collect your payment unless we have accepted your offer but preauthorisation may be still applied to your card at this stage.
  • 6.7.4  After you place an 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 6.7.5.
  • 6.7.5  Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence for the sale of Products.
  • 6.7.6  If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.8. You can place your order by telephone, email or in writing. The technical aspects of placing your order and our acceptance of the order will take place as follows:

  • 6.8.1  Once you have selected the Product of your choice online, please contact our Customer services to indicate your interest to buy the Product.
  • 6.8.2  If we have the Product in stock and are able to sell it to you, we will confirm this to you. We may have to get back to you if we are unable to verify our stock availability immediately.
  • 6.8.3  Before you are able to complete your order, you will be requested to provide your payment details so that you can pay for it either over the telephone, by bank transfer or by paying on our Website. You will be provided with information on how to otherwise make arrangements for payment.
  • 6.8.4  After you place an order and make the payment or the prepayment, you will receive a confirmation 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 6.8.5.
  • 6.8.5  Our acceptance of your order takes place when we send the email to confirm that we have received your payment and that we accept it, at which point the Contract between you and us will come into existence for the sale of Product.
  • 6.8.6  If we are unable to supply you with the Product for any reason, we will inform you of this by email or by telephone and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.

6.9. Non- acceptance of the order may be a result of one of the following:

  • 6.9.1  The product is no longer in stock;
  • 6.9.2  We are unable to collect your payment;
  • 6.9.3  There was an error in the pricing or identification/description of the product;
  • 6.9.4  You are unable to meet eligibility to order criteria set out in Clause 4.8.
  • 6.9.5  We suspect fraudulent activity.

7. Price of Products

7.1. The prices of the Products will be as quoted on our site at the time you submit your order or as quoted over the telephone or via correspondence which incudes email. 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.

7.2. The prices that we quote are 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 prices for our Products at any time, but changes will not affect any order that has been accepted by us.

7.4. The price of Products 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.

7.5. The price of the Products excludes delivery charges unless expressly otherwise agreed. The costs of delivery will be as displayed to you on our website.

7.6. It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

  • 7.6.1  where the Products’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
  • 7.6.2  if the Products’ 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 Products 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.
  • 7.6.3  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 mis-pricing, we may cancel sale of the Products and refund you any sums you have paid.

8. Payment

8.1. You can pay for Products online using a debit card or credit card. We accept all major credit and debit cards.

8.2. You may also pay for the Products by telephoning our Customer services and making the payment by card over the telephone.

8.3. Payment for the Products and all applicable delivery charges is to be made in advance before we dispatch the Products.

8.4. If we reasonably suspect a fraudulent payment, then we will not dispatch any Products and we will not carry out any refunds until authorised by our bank.

9. Changes to Order

9.1. 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.

9.2. We may make minor changes to the Product:

  • 9.2.1  to reflect changes in relevant laws and regulatory requirements; and
  • 9.2.2  to implement minor technical adjustments and improvements, for example to address a health and safety threat. These changes will not affect your use of the product.

9.3. We may make more significant changes to the Products but if we do so we will notify you and you may then contact us to end the contract before the changes takes effect and receive a refund for any products paid for but not received.

10. Dispatch and Delivery

10.1. Once your payment has cleared and your order has been accepted, we will process your order for delivery. You will receive a dispatch confirmation email once your order has been dispatched. If you have placed your order before 3pm on a weekday, the Products will normally be dispatched the same day and will be sent to you with next day delivery service. If you placed your order after 3pm on a weekday or over the weekend, it will be processed the next available weekday.

10.2. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

10.3. Occasionally an Event Outside Our Control may affect our delivery to you. See Clause 15 for our responsibilities when this happens.

10.4. The Products will be dispatched to the address that you have given to us when placing your order. We will not be liable for any delay in delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or have provided wrong address. If you pay by debit or credit card, the Products must be dispatched to the billing address of the card holder. We may in certain circumstances send the Products to another address, but this will be at our sole discretion.

10.5. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave a note informing you of how to rearrange delivery or collect the products from a local depot.

10.6. If you do not collect the products from or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may charge you for 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 14 will apply.

10.7. A Product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

10.8. If we fail to deliver the Products, our liability is limited to the replacement of the Products or the fee you have paid for those Products. However, we will not be liable to the extent that any failure to deliver was caused your failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.

10.9. We deliver to other EU countries and may deliver to countries outside of EU at the sole discretion of the company. If you are based outside of the EU, please contact us to confirm if we deliver to your country. Please note that there may be restrictions on some Products for certain international delivery destinations, so please ensure that your country can accept the delivery of the Products before placing an order.

10.10. If you order Products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

10.11. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.12. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

11. Quality

11.1. We will use all reasonable endeavours to ensure that the Products:

  • 11.1.1  conform in all material respects with their description and any applicable Specification;
  • 11.1.2  are free from material defects in design, material and workmanship;
  • 11.1.3  are of satisfactory quality;
  • 11.1.4  be fit for any purpose held out by the Company.

11.2. You should inspect the Products as soon as reasonably practicable and you must inform us promptly if the Products are faulty or they are not as described.

11.3. You may also ask us to replace the Product but please note that we may be unable to replace them given the nature of the Products that we sell and given that all the Products that are sold by us are strictly subject to availability.

11.4. The Products’ paperwork and packaging increases the value of the Product. If the remedy that is available to you is refund, please note that certain deductions may be applicable from the refund amount that would be due to you if you are unable to return the faulty product together with its original packaging.

11.5. This clause does not affect merchant guarantees and other express warranties that are given to you at the time of purchase.

11.6. Please note that if we have informed you that the Products have certain fault with them at the time of purchase, they will not be regarded as faulty products unless they have another fault than the one that has been notified to you at the time when you place an order.

11.7. We shall not be liable for our failure to comply with the warranty set out in Clause 1 any of the following events:

  • 11.7.1  the defect arises because you have failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Product or (if there are none) good trade practice regarding the same;
  • 11.7.2  the defect arises as a result of us following any drawing, design or Specification supplied by you when placing an oredr;
  • 11.7.3  you alter or repair the Product without our written consent;
  • 11.7.4  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
  • 11.7.5  the Products differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.8. Except as provided in this Clause 9, we shall have no liability to you in respect of the Product’s failure to comply with the warranty set out in Clause 11.1.

11.9. The Company reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

11.10. To the extent that the Products are to be manufactured in accordance with a Specification supplied by you, you shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Company’s use of the Specification. This Clause 10 shall survive termination of the Contract.

12. Cancellations

12.1. If you are a Consumer and you purchase our Products, you are entitled to certain cancellation rights when you buy Products at a distance:

  • 12.1.1  You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Products.
  • 12.1.2  Your right to return or cancel products does not apply to Products that are made to your Specification, that have been clearly personalised. This doesn’t affect your statutory rights if Products are faulty or not as described.
  • 12.1.3  If you wish to exercise your right of cancellation, you are obliged to retain possession of the Products and take reasonable care of them.
  • 12.1.4  To exercise the right to cancel, 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. You can fill in the Cancellation Notice online, the link for which can be found here.
  • 12.1.5  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.
  • 12.1.6  If you decide to cancel, you should return the Products to us at your cost within 14 days of such cancellation.
  • 12.1.7  You should return the Products to us in accordance to Clause 13.1.

12.1. If you are Consumer, your right to return products does not apply to Products that are sold in the store at one of our retailers unless store return policy applies at the time of purchase. This does not affect your statutory rights if Products are faulty or not as described.

12.3. The Company may terminate the Contract in accordance to Clause 16.

13. Returns

13.1. If you wish to return the Products because they are faulty or you have cancelled your purchase, you must ensure that you take reasonable care of the Products and you must return the Products, together with all the packaging as is applicable to designated address. You must return the Products to us within 14 days of notifying us that they are faulty or that you wish to exercise your cancellation rights.

13.2. If you have cancelled your purchase, return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You should ensure that they are packed appropriately to prevent damage during transit. Unless the Products were faulty, the return postage will be at your cost. Please ensure that when posting the Products back to us you use at least as secure courier services as the ones that we have used to send the Products to you as we will not be responsible for the items lost or damaged in transit when you are posting them back to us.

13.2. 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 receipt. If you are based outside the UK, we will refund your reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt. We may also arrange our own collection of the Products in which case you must use the courier of our choice to return the Products.

13.3. If you are based outside of the UK, you may also have to pay import/export duty or other taxes, fees and charges applied by customs or other authorities. Please ensure that you correctly complete the relevant declarations. 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.

13.4. 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.

13.5. We will make any refunds due to you no later than 14 days after the day we receive back from you any Products supplied.

13.6. These Terms also apply to any replacement Products supplied by us to you.

14. Our Liability

14.1. The availability and use of the Website, Products and Services is on an ‘as is’ and ‘as available’ basis.

14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are:

  • 14.2.1  as described and match information we provided to you and any sample or model seen or examined by you;
  • 14.2.2  of satisfactory quality;
  • 14.2.3  fit for any particular purpose made known to us;
  • 14.2.4  supplied with reasonable skill and care and, where installed by us, correctly installed;
  • 14.2.5  and for defective products under the Consumer Protection Act 1987
  • 14.2.6  any other liability that cannot be limited or excluded by law.

14.3. If you are a Consumer and 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

14.4. Except as expressly stated in these Terms of Business, we do not give any representations, 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.

14.5. If you are a Consumer 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

14.6. If you are a business, nothing in these terms shall limit or exclude our liability for:

  • 14.6.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • 14.6.2  fraud or fraudulent misrepresentation;
  • 14.6.3  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;
  • 14.6.4  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

14.7. Except to the extent expressly stated in Clause 6 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.

14.8. Subject to Clause 6 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any contract between us for:

  • 14.8.1  any loss of profits, sales, business, or revenue;
  • 14.8.2  loss or corruption of data, information or software;
  • 14.8.3  loss of business opportunity;
  • 14.8.4  loss of anticipated savings;
  • 14.8.5  loss of or damage to goodwill;
  • 14.8.6  any indirect or consequential loss.

14.9. Subject to Clause 6, 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 total sums paid by you for products under such contract.

14.10. Some jurisdictions may not permit us to exclude or limit our liability for incidental or consequential damages. However please note that in such event we will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both you and us when we entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.

15. Events outside our control

15.1. 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 an Event Outside Our Control.

15.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  • 15.2.1  we will contact you as soon as reasonably possible to notify you; and
  • 15.2.2  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.
  • 15.2.3  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.

16. Termination

16.1. We may terminate this Agreement without notice if you have materially breached your obligations under these Terms of Business or any of our Policies as in force at the time or if we believe, in good faith, that such action is reasonably necessary to protect the personal safety or property of us, our staff, clients or payment provider and any other third party involved in the provision of any services for the facilitation of these Terms of Business.

16.2. Upon termination of this agreement, any Personal Data will be kept in accordance to our Privacy Policy.

16.3. If you are a Trade User, you may terminate this agreement at any time by deleting your Trade Account. You understand that if you delete your account, these Terms of Business will still apply to any orders that you have already placed and that were accepted by us.

16.4. If you are a Consumer, every purchase will be a standalone contract and it will terminate once both party duties under the contract have been

16.5. If you or we terminate this Agreement, the clauses of these Terms of Business that reasonably should survive termination of the Agreement will remain in effect.

17. Communication between us

17.1. When we refer to “in writing” in these Terms of Business, this includes email.

17.2. 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.

17.3. A notice or other communication is deemed to have been received at the time it was received by us.

17.4. 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.

17.5. 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.

18. Assignment and Transfer

18.1. We may without restriction assign, transfer or delegate our rights and obligations under these Terms of Business to another entity. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

18.2. You may not assign, transfer or delegate your rights and obligations under these Terms of Business without our prior written consent.

19. Variation

19.1. We reserve the right to change these Terms of Business at any given time.

19.2. 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.

19.3. Unless we have to do so without notice to comply with legal or regulatory requirements, we will confirm the date when the revised Terms of Business come into effect (Effective Date) and will provide you with at least 30 days’ written prior notice of the Effective Date of the revised Terms of Business.

19.4. We may post the notice of the updated Terms of Business on our Website and/or we may notify you of the change by e-mail, to the e-mail address you have used to register your User account or Trade User Account. We will also confirm the effective date of the Terms of Business and your right to terminate the Agreement if you are unhappy with the change of the Terms of Business.

19.5. If you access or use our Website or continue to buy from us, sell to us or use our services before the Effective Date you will be considered as having consented to all the changes to these Terms of Business.

19.6. If you disagree with the revised Terms of Business, you will be able to terminate this agreement. If you do not agree with the revised terms you must not use the Platform. If you do not agree to the changes in the Terms of Business you will be able to close your account at any time.

20. Entire Agreement

20.1. 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 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.

21. Third Party Rights

21.1. Unless it expressly states otherwise, these Terms of Business do not give rise to any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.

22. Severability

22.1. 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.

22.2. 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.

23. Waiver

23.1. 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.

24. Partnership

24.1. 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.

25. Intellectual Property

25.1. You acknowledge and agree that any intellectual property rights in content available on our Website, all copyright, trademarks and designs shall remain at all times vested in us or our licensors. You are permitted to use this material only if and as expressly authorised by us or our licensors.

26. Governing Law

26.1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in 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.

26.2. 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.

27. No Joint Venture or Partnership

27.1. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of our Website.

28. Feedback and Review

28.1. We welcome and encourage you to provide feedback, comments and suggestions of how we can improve our Website, our Services and our Products. 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.

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