Terms & Conditions of Sale

Fabrikat (Nottingham) Limited trading as Exteria, Goods and services terms and conditions

Our Terms

  • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • Provisions specific to consumers only are in green and those specific to businesses only are in blue.
  1. Information about us and how to contact us
  2. Our contract with you
  3. Our products
  4. Your rights to make changes
  5. Our rights to make changes
  6. Providing the products
  7. Ownership of the products
  8. Your rights to end the contract
  9. How to end the contract with us
  10. Return of products after ending the contract
  11. Refunds after ending the contract
  12. Our rights to end the contract
  13. If there is a problem with the product
  14. Your rights in respect of defective products if you are a consumer
  15. Your rights in respect of defective products if you are a business
  16. Intellectual Property Rights
  17. Price and payment
  18. Our responsibility for loss or damage suffered by you if you are a consumer
  19. Our responsibility for loss or damage suffered by you if you are a business
  20. How we may use your personal information
  21. Other important terms

Schedule 1     Model Cancellation Form for consumer customers

1. Information about us and how to contact us

1.1 Who we are

We are Fabrikat (Nottingham) Limited trading as Exteria a company registered in England and Wales. Our company registration number is 01910661 and our registered office is at 01910661 and have our registered office and trading address at Hamilton Road, Sutton-In-Ashfield, Nottingham, NG17 5LN. Our registered VAT number is 737807406.

1.2 How to contact us

You can contact us by telephoning our customer service team at 01623 857161 or by writing to us at info@exteria.co.uk or Exteria, Hamilton Road, Sutton-In-Ashfield, Nottingham, NG17 5LN.

1.3 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.

1.4 1.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

2. Our contract with you

2.1 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.

2.2 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 products. 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 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.

2.3 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.

2.4 We only sell to the UK

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

3. Our products

3.1 How we will accept your order

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.

3.2 Product packaging may vary

The packaging of the products may vary from that shown in images on our website.

3.3 Making sure any drawings are correct

If we are to prepare drawings for you in respect of a product, we will submit the drawings for your approval. If we are making or providing products to such drawings, once you have approved the drawings you are responsible for ensuring that these drawings are correct. If you are unsure about any aspect of the drawing you can contact us before giving your approval.

4. Your rights to make changes

If you wish to make a change to the products 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 products, 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.

5.Our rights to make changes

5.1 Minor changes to the products. We may change the product:

5.1.1 to reflect changes in relevant laws and regulatory requirements; and

5.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the products.

6. Providing the products

6.1 Delivery costs

The costs of delivery will be as displayed to you on our website.

6.2 When we will provide the products.

6.2.1 If the products are ‘off the shelf’ goods. If the products are goods which are ‘off the shelf’ we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.2.2 If the products are bespoke products. If the products are bespoke goods we will contact you with an estimated delivery date.

6.2.3 If the products are ‘off the shelf’ goods. If the products are goods which are ‘off the shelf’ we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4 Collection by you

If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 08:30 to 16:30 on weekdays (excluding public holidays).

6.5 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, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.6 If you do not re-arrange delivery

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery 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 12.2 will apply.

6.7 If you do not allow us access to provide services

If we need access to your property to perform the services and you do not allow us access as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.

6.8 What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products to you, for example, your delivery address. If so, this will have been stated in the description of the products on our website or on the order pages. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.9 Reasons we may suspend the supply of a product to you

We may have to suspend the supply of a products to:

6.9.1 deal with technical problems or make minor technical changes;

6.9.2 update the product to reflect changes in relevant laws and regulatory requirements;

6.9.3 make changes to the product as requested by you or notified by us to you (see clause 5).

6.10 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 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 products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.

6.11 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 17.4) and you still do not make payment within 14 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 17.8). 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 17.7).

7. Ownership of the products

If you are a consumer:

7.1 When you become responsible for the goods.

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.2 When you own goods.

You own a product which is goods once we have received payment in full.If you are a business customer:

If you are a business customer:

7.3 Risk in goods shall pass to you on delivery.

7.4 Title to goods shall not pass to you until the earlier of:

7.4.1 we receive payment in full (in cash or cleared funds) for the goods and all other sums that are or that become due to us from you for sales of goods or on any account, in which case title to these goods shall pass at the time of payment of all such sums; and

7.4.2 you resell those goods, in which case title to those goods shall pass to you at the time specified in clause

7.5 Until title to goods has passed to you, you shall:

7.5.1 store those goods separately from all other goods held by you so that they remain readily identifiable as our property;

7.5.2 not remove, deface or obscure any identifying mark or packaging on or relating to those goods; and

7.5.3 maintain those goods in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the goods on your insurance policy, subject to the insurer being willing to make the endorsement. On request you shall allow us to inspect those goods and the insurance policy.

7.6 Subject to clause

you may resell or use goods in the ordinary course of your business (but not otherwise) before we receive payment for the goods. However, if you resell the goods before that time:

7.6.1 you do so as principal and not as our agent; and

7.6.2 title to those goods shall pass from us to you immediately before the time at which resale by you occurs.

7.7 If before title to goods passes to you, any contract is terminated, then, without limiting any other right or remedy we may have:

7.7.1 your right to resell goods or use them in the ordinary course of your business ceases immediately; and

7.7.2 we may at any time:

7.7.2.1 require you to deliver up all goods in your possession that have not been resold, or irrevocably incorporated into another product; and

7.7.2.2 if you fail to do so promptly, enter any of your premises or of any third party where the relevant goods are stored to recover them.

8. Your rights to end the contract

8.1 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, when you decide to end the contract and whether you are a consumer or business customer:

8.1.1 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 a service re-performed or to get some or all of your money back), see clause 14 if you are a consumer and clause 15 if you are a business;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 If you are a consumer and have just changed your mind about the goods, see clause 8.3. 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;

8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

8.2 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 8.2.1 to 8.2.4 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:

8.2.1 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;

8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.3 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 30 days; or

8.2.4 you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).

If you are a consumer then 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.

8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

8.4.1 any bespoke and personalised products;

8.4.2 services, once these have been completed, even if the cancellation period is still running;

8.4.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

8.4.4 any goods which become mixed inseparably with other items after their delivery.

8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

8.5.1 Have you bought services (for example, garden design services)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.5.2 Have you bought goods (for example, garden furniture)? If so you have 14 you have 14 days after the day you (or someone you nominate) receives the goods, unless:

8.5.2.1 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.

8.6 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 are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.

8.6.1 A contract for goods is completed when the goods are delivered and paid for.

8.6.2 A contract for services is completed when we have finished providing the services and you have paid for them.

8.6.3 If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (Including if you are a consumer who has changed their mind)

9.1 Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the following:

9.1.1 Phone or email. Call customer services on 01623 857161 or email us at info@exteria.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 By post. Print off the form (download here) 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.

10. Return of products after ending the contract

10.1 Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Exteria, Hamilton Road, Sutton-In-Ashfield, Nottingham, NG17 5LN or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01623 857161 or email us at info@exteria.co.uk for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10.2 When we will pay the costs of return

We will pay the costs of return:

10.2.1 if the products are faulty or misdescribed; or

10.2.2 if you are ending the contract because we have told you of 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 a consumer exercising your right to change your mind) you must pay the costs of return.

10.3 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. Refunds after ending the contract

11.1 How we will refund you.

If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.2 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

11.2.1 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.

11.2.2 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.

11.2.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

11.3 When your refund will be made.

We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

11.3.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return goods to us, see clause 10.

11.3.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

12. Our rights to end the contract

12.1 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:

12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address; or

12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

12.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.

12.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 12.1 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.

13. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01623 857161 or write to us at info@exteria.co.uk or Exteria, Hamilton Road, Sutton-In-Ashfield, Nottingham, NG17 5LN].

14. Your rights in respect of defective products if you are a consumer

14.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box 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 garden furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

If your product is services, for example garden design services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.See also clause 8.3.

 


14.2 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, 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 01623 857161 or email us at info@exteria.co.uk for a return label or to arrange collection.

15. Your rights in respect of defective products if you are a business

15.1 If you are a business customer where we are not the manufacturer of the products, we shall use reasonable endeavours to transfer to you the benefit of any warranty or guarantee given to us.

15.2 If you are a business customer we warrant that on delivery any products which are goods shall:

15.2.1 conform in all material respects with their description; and

15.2.2 be free from material defects in design, material and workmanship.

For the avoidance of doubt, where we advise you that the products have not been manufactured by us, such products will not be covered by the warranty in this clause 15.2 and such products will be governed by the warranty in clause 15.1.

15.3 Subject to clause 15.4, if:

15.3.1 you give us notice in writing within a reasonable time of discovery that a products does not comply with the warranty set out in clause 15.1;

15.3.2 we are given a reasonable opportunity of examining such products; and

15.3.3 you return such products to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

15.4 We will not be liable for the goods’ failure to comply with the warranty in clause 15.1 if:

15.4.1 you make any further use of such product after giving a notice in accordance with clause 13.215.3.1;

15.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;

15.4.3 the defect arises as a result of us following any drawing, design or specification supplied by you;

15.4.4 you alter or repair the product without our written consent; or

15.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

15.5 Except as provided in this clause 15, we shall have no liability to you in respect of the product’s failure to comply with the warranty set out in clause 15.1.

15.6 These terms shall apply to any repaired or replacement products supplied by us under clause 0.

16. Intellectual Property Rights

16.1 All intellectual property rights in or arising out of or in connection with the products (other than intellectual property rights in any materials provided by you) will be owned by us.

16.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the products and such deliverables. You may not sub-license, assign or otherwise transfer the rights granted in this clause 16.2.

16.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the contract for the purpose of providing the products to you.

17. Price and payment

17.1 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. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the product you order.

17.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

17.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

17.4 When you must pay. When you must pay depends on what product you are buying:

17.4.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

17.4.2 For services, you must make an advance payment for the price of the services, before we start providing them.

17.5 How you must pay. We accept payment with Mastercard credit and debit cards, Maestro, Visa credit and debit cards, Visa Electron, American Express, Visa Purchasing and PayPal.

17.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.7 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 e above the base lending rate of The Bank of England 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.

17.8 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

18. Our responsibility for loss or damage suffered by you if you are a consumer

18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

18.2 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 as summarised at clause 14.1; and for defective products under the Consumer Protection Act 1987.

18.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

18.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

19. Our responsibility for loss or damage suffered by you if you are a business

19.1 Nothing in these terms shall limit or exclude our liability for:

19.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

19.1.2 fraud or fraudulent misrepresentation;

19.1.3 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;

19.1.4 defective products under the Consumer Protection Act 1987; or

19.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2 Except to the extent expressly stated in clause 15.2 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.

19.3 Subject to clause 19.1:

19.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

19.3.2 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 100% of the total sums paid by you for products under such contract.

20. How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

21. Other important terms

21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

21.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

21.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither you nor us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

21.4 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.

21.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 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.

21.6 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

21.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.

21.8 Alternative dispute resolution if you are a consumer. 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 a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. We will notify you of our ADR provider at the relevant time. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

21.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim

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