Terms and Conditions
Terms and Conditions
TERMS OF WEBSITE USE
[20 April 2018]
Click on the links below for more information in each area:
• Who we are and how to contact us
• There are other terms that may apply to you
• We may make changes to the site
• We may suspend or withdraw the site
• You must keep your account details safe
• How you may use material on the site
• Do not rely on information on the site
• We are not responsible for websites we link to
• Rules about uploading material to the site
• When we are responsible for loss or damage suffered by you
• We are not responsible for viruses and you must not introduce them
• Rules about linking to the site
• Which country’s laws apply to any disputes?
WHO WE ARE AND HOW TO CONTACT US
The site is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we", "our" or "us" as appropriate). We are registered in England and Wales under company number 02226335 and have our registered office at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, United Kingdom. Our VAT number is GB 242 5983 47.
To contact us,
If you are a subscriber, please email [email protected] or call us on (09) 928 4493
If you are buying just one product, please email [email protected] or call us on 02 8378 7930
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
• Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of the site. When using the site, you must comply with this Acceptable Use Policy.
• Our Terms and Conditions of Supply provides information about our terms of supply if you decide to purchase any products from us through this website.
WE MAY MAKE CHANGES TO THE SITE
We aim to update the site regularly and may change the content at any time.
WE MAY SUSPEND OR WITHDRAW THE SITE
The site is made available free of charge. Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the site, or the entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
YOU MUST KEEP ACCOUNT DETAILS SAFE
When using the site, you must comply with the provisions of our ACCEPTABLE USE POLICY. The site is provided for personal use and you should not use it for business or commercial purposes.
HOW YOU MAY USE MATERIAL ON THE SITE
Material incorporated or displayed on the site belongs to us or our licensors. These works are protected by copyright laws. All such rights are reserved.
You may print off one copy, and may download extracts, of material displayed on the site for non-commercial, personal use only provided our status (and that of any identified contributors or licensors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any).
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.
You may not use any part of the materials on the site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.
DO NOT RELY ON INFORMATION ON THE SITE
The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.
Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. We have not reviewed and have no control whatsoever over any of the websites or their contents mentioned or accessible from the site.
The existence of a link from the site to any other website is not and shall not be understood to be an endorsement or approval by us of such linked website, its owner, or any products or services offered on such linked websites.
RULES ABOUT UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY.
If you submit or upload material to the site (for example artwork or pictures) this will be considered non-confidential and non-proprietary and you agree that we, and others accessing the site are authorised and licensed to use, copy, distribute and disclose such material free of charge to third parties and that such material can be displayed on the site.
You confirm you are entitled to submit material that you provide to us and hereby waive any moral rights you may have in such materials. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
The information and materials provided by users of the site have not been verified or approved by us. The views expressed by other users on the site do not represent our views.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted on the site by any user of the site.
We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our ACCEPTABLE USE POLICY
If you wish to complain about information and materials uploaded to the site by any user please contact us [link to follow, please scroll up].
WHEN WE ARE RESPONSIBILE FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our TERMS AND CONDITIONS OF SUPPLY.
• If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to the site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the site; or
• use of or reliance on any content displayed on the site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
• Please note that we only provide the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
We recommend that you install appropriate antivirus software and any other necessary protective software before you download information from the site.
RULES ABOUT LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the site in any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the site other than that set out above, please address your request to [email protected]
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
The titles of our collections are registered and/or unregistered trademarks. All other product names, trademarks, company names or logos appearing on the site are the trademarks of their respective owners. You may not use any trademark featured on the site without our written permission or that of such other party that may own such trademarks.
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you, the user of or visitor to this site, and us under which you may access our website and associated web pages ("eaglemoss.com", "website" or "site"). This Acceptable Use Policy applies to all users of, and visitors to, the site.
Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our TERMS OF WEBSITE USE .
WHO WE ARE AND HOW TO CONTACT US
The site is operated by or on behalf of Eaglemoss ("Eaglemoss", "we", "our" or "us" as appropriate). We are registered in England and Wales under company number 02226335 and have our registered office at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, United Kingdom. Our VAT number is GB 242 5983 47.
To contact us,
If you are a subscriber, please email [email protected] or call us on (09) 928 4493
If you are buying just one product, please email [email protected] or call us on 02 8378 7930
You may use this site only for lawful purposes. You may not use this site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To conduct any business activity
• To knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• To attempt to gain unauthorised access to our website or any website; servers or any server; computer or database connected to our site.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of our TERMS OF WEBSITE USE.
• Not to access without authority, interfere with, damage or disrupt:
• any part of the site;
• any equipment or network on which the site is stored;
• any software used in the provision of the site; or
• any equipment or network or software owned or used by any third party.
Any breach to this provision, constitutes a breach to the Computer Misuse Act 1990 which is a criminal offense. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our site will cease immediately.
We may from time to time provide interactive services on the site, including, without limitation:
• Chat rooms.
• Bulletin boards.
Where we do provide any interactive service, we will decide in each case in our sole discretion whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents or guardians who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in England and Wales and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark or other right of any other person.
• Be likely to deceive any person.
• Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or incite or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain any advertising or promote any services or web links to other sites.
BREACH OF THIS ACCEPTABLE USE POLICY
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the site. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the TERMS OF WEBSITE USE upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy from time to time. Every time you use the site please check this Acceptable Use Policy to ensure you understand the terms that apply at that time.
TERMS AND CONDITIONS OF SUPPLY
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products through our website to you.
1.2 Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Eaglemoss Ltd a company registered in England and Wales. Our company registration number is 02226335 and our registered office and main trading address is at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK. Our VAT number is GB 242 5983 47.
2.2 How to contact us.
(a) If you are a subscriber, please email [email protected] or call us on (09) 928 4493 or write to us at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK
(b) If you are buying just one product, please email [email protected] or call us on 02 8378 7930 or write to us at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS
2.3 How we may contact you. If we have to contact you, we will do so by using your preferred/selected contact method which is either by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock; because of unexpected limitations on our resources which we could not reasonably plan for; because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or events that have occurred which are beyond our control.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where you are a consumer living in the European Union, nothing in these terms supersedes or replaces any mandatory laws that apply in your place of residence.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
5.3 If the products are a subscription to receive goods. We will supply the goods to you until either the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.4 We are not responsible for delays caused by events outside our control. Events outside our control include events such as war, riots, flood, earthquakes or other natural disasters, acts of terrorism, acts of state or government. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be liable for delays caused by these events, 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.
5.5 Delivery of your product. In other to arrange delivery of your product, we may share your details with one of our carefully selected Partners. Your product may also be delivered by one of our carefully selected Partners.
5.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company may hide the product in a safe place; leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.7 If you do not re-arrange delivery. 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. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
5.8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
5.9 When you own goods. You own a product which is goods once we have received payment in full.
5.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.
5.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than a two-week period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.5).
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or inaccurately described you may have a 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 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, are explained in more detail in these terms.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? This depends on what you have ordered and how it is delivered.
(a) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example a magazine subscription). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for a subscription is completed when the final issue making up the product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until one (1) calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
If you are a subscriber,
(a) Call customer services on 01425 462 857. We may ask you to provide your name, home address, your phone number or email address and details of the order; Or
(b) Print off the form here http://eaglemoss-publications.co.uk/cancel/cancelsubscription.aspx and post it to us at the address on the form. Or simply write to us at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK providing your name, home address, your phone number or email address and details of the order.
If you are buying just one product,
(a) Call customer services on 01425 462 857. We may ask you to provide your name, home address, your phone number or email address and details of the order. Or
(b) Print off the form that you can download from here: http://eaglemoss-publications.co.uk/cancel/cancel and post it to us at the address on the form. Or simply write to us at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK, providing your name, home address, your phone number or email address and details of the order.
7.2 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 – note that this does not relate to return of all items that have been provided to you under a subscription but rather to such limited products (i.e. a single issue) as may have been dispatched to you or received by you on or around the date you ended the contract. You must either return the products in person to where you bought them, or post them back to us. Please contact customer services via the details provided in the HOW TO CONTACT US. 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.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or inaccurately described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.6 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 your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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.
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with the contract. If you have any questions or complaints about the product, please contact us. You can contact us via HOW TO CONTACT US.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or post them back to us. Please contact customer services for a return label via the details provided here HOW TO CONTACT US
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. Though we take all reasonable care to ensure that the price of products advised to you is correct, there may be instances where the price indicated will change or is incorrect. Please see clause 10.2 and 10.3 below.
10.2 Changes to VAT. If the rate of VAT changes between your order date and the date we supply the product the final price of your product may change. We may increase the price to reflect the VAT increase if you have not paid for the product. If you have paid in full for the product, then the price will not change. Nothing in these terms supersedes or replaces any mandatory laws that apply in your place of residence.
10.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We accept payment by credit and debit card and paypal as listed on our website. You must pay for the products before we dispatch them. We will not charge your credit or debit card or paypal account until we dispatch the products to you.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
10.7 Increases in Price. We may from time to time increase the price of the products that are the subject of the contract. We shall give you no less than thirty (30) days’ notice of any such increase. Nothing in these terms supersedes or replaces any mandatory laws that apply in your place of residence.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and for defective products.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. 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.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.6 Which laws apply to the contract and where you may bring legal proceedings. These terms and conditions are governed by English law provided that where you are a consumer living in the European Union nothing in these terms and conditions supersedes or replaces any mandatory laws that apply in your place of residence. You or we can bring legal proceedings under these terms and conditions in the courts of your place of residence.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr. If you decide to use this service, please use the following email address when completing the form [email protected]