Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING GOODS AND SERVICES FROM THIS SITE.

1. GENERAL

This page together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our website) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract) made through our website.

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. 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.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time.

These Terms were most recently updated on 4 April 2017 when these Terms were added to our website.

These Terms, and any Contract between us, are only in the English language.

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).

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.

2. ABOUT CHATSWORTH CABINETS

2.1 We operate the website http://www.chatsworthcabinets.co.uk.  We are Chatsworth Cabinets Limited, a company registered in England and Wales under company number 10227715 and with our registered office at Chatsworth Cabinets Limited, Church Lane, Caldwell, Swadlincote, Derbyshire DE12 6RT.  Our main trading address is at Unit 9C, Royal Farm Business Park, Royal Farm, Caldwell Road, Drakelow, Burton on Trent, DE15 9TU.  Our VAT number is 246821595.

2.2 Contacting us if you are a consumer:

(a) If you wish to contact us for any reason other than cancellation, including because you have any complaints, you can contact us by telephoning our customer service team at 01283 763 934 or by e-mailing us at info@chatsworthcabinets.co.uk.

(b) To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you just need to let us know that you have decided to cancel.

Our cancellation Form can be accessed from the following link Cancellation Form.  You can e-mail us at customerservice@chatsworthcabinets.co.uk or contact our Customer Services team by telephone on 01283 763 934 or by post to Chatsworth Cabinets, Unit 9C, Royal Farm Business Park, Royal Farm, Caldwell Road, Drakelow, Burton on Trent, DE15 9TU.  If you are emailing us or writing to us please include details of your order to help us to identify it.  If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2.3 Contacting us if you are a business.  You may contact us by telephoning our customer service team at 01283 763 934 or by e-mailing us at info@chatsworthcabinets.co.uk.  If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.

3. PRODUCTS OF CHATSWORTH CABINETS

3.1 Your Products may vary slightly from the image of the Products on our website.  The images of the Products on our website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products.

3.2 Although we have made every effort to be as accurate as possible, as some of our Products are hand-finished there may be slight imperfections in the surface, angles or thickness of the materials used.  We feel that this adds character to our Products.

3.3 We own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations we make in connection with the Product for you.

4. HOW YOU USE THE CHATSWORTH CABINETS SITE

4.1 Your use of our website is governed by our use and Website Acceptable Use Policy.  Please take the time to read these, as they include important terms which apply to you and the use of our website.

5. HOW CHATSWORTH CABINETS USE YOUR PERSONAL INFORMATION

5.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

6. IF YOU ARE A CONSUMER

This clause 6 only applies if you are a consumer.

6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

7. IF YOU ARE A BUSINESS CUSTOMER

This clause 7 only applies if you are a business.

7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.

7.2 These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy, constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, 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 8.3 below.

8.3 We will confirm our acceptance of your order by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

8.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

9. OUR RIGHT TO VARY THESE TERMS

9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

9.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a) changes in relevant laws and regulatory requirements; and
(b) changes in the availability of relevant materials, paint or labour.

9.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

10. CHATSWORTH BESPOKE

10.1 In this clause 10 and clause 11 the following definitions will apply:

(a) Standard Colour Range – paint colours offered for selection and application to our Products on our website from time to time, this expressly excludes any colour paint formulated to match a specific colour sample or swatch;

(b) Standard Size Range – Products of the dimensions made available for selection on our website;

(c) Standard Product Range – Products that are selected from our named ranges made available on our website, including but not limited to Baslow, Huntingdon, Ashford, Little Chatsworth or Pilsley named ranges, or such named ranges as shall be extended or reduced from time to time and available on our website;

(d) Standard Engraved Range – Products that are engraved with a defined range of lettering or designs made available for selection on our website, for example, “Toy Box”, “Boots & Shoes” but excluding personalized Products featuring an individual’s name or personalized message.

10.2 We may create Products according to your specific specification including but not limited to different dimensions to our Standard Size Range, finished with a paint colour outside our Standard Colour Range, or with a style which combines one or more named ranges or differs wholly from our Standard Product Range, or you may request personalized engraving outside our Standard Engraved Range.  Any of these non-standard Products are called Bespoke Products in these Terms.

10.3 If your request is not straightforward and/or is not made available through our website, then a member of our experienced design team can work closely with you to come up with the perfect solution.  We are afraid such work will be subject to separate terms and conditions.

11. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 11 only applies if you are a consumer.

11.1 If you are a consumer, you sometimes have a legal right to change your mind about buying Products. This right is set out in the Consumer Contracts Act 2015 and sometimes applies for the period set out below in clause 11.3.

This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to change your mind (or cancel the Contract) and receive a refund. Advice about your legal right to change your mind or cancel the Contract, is available from your local Citizens’ Advice Bureau or Trading Standards office.

11.2 However, this right to change your mind does not apply in the case of Bespoke Products, which include:

(a) Products which are painted in a colour outside of our Standard Colour Range;

(b) Products which are created with dimensions outside our Standard Size Range;

(c) Products which are outside the Standard Product Range, or are built to your specific specifications; or

(d) any other Products that, if returned to us, are so specific to your needs, that there is no other (or only an extremely limited) market for the sale of the Product once you have decided you do not want it and have cancelled the contract.

For example, a Bespoke Product would be your selection of a chest in a colour outside of the Standard Colour Range, or in a size outside of our Standard Colour Range, or outside of the style of our Standard Product Range.
For example, a Bespoke Product would also be a toy chest engraved with the full name of your child and their date of birth, if this is not within our Standard Engraved Range, irrespective of whether the Product is finished with paint within our Standard Colour Range, within the dimensions of our Standard Size Range, or for instance from the Huntingdon Standard Product Range.

11.3 Your legal right to change your mind and cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.  Your deadline for changing your mind and cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.Example: if we provide you with a Dispatch Confirmation on 1 August and you receive the Product on 10 August you may cancel at any time between 1 August and the end of the day on 24 August.
Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.  Example:  if we provide you with a Dispatch Confirmation on 1 August and you receive the first instalment of your Product or the first of your separate Products on 10 August and the last instalment or last separate Product on 15 August you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 August and the end of the day on 29 August.
Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if we provide you with a Dispatch Confirmation on 1 August in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 August, you may cancel at any time between 1 August and the end of the day on 24 August. 24 August is the last day of the cancellation period in respect of all Products to arrive during the year.

11.4 To change your mind and cancel a Contract, you just need to let us know that you have decided to cancel.

You can e-mail us at customerservice@chatsworthcabinets.co.uk or contact our Customer Services team by telephone on 01283 763 934 or by post to Church Lane, Caldwell, Swadlincote, Derbyshire, DE12 6RT. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail 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 e-mail us before midnight on that day.

11.5 If you cancel your Contract we will:

(a)refund you the price you paid for the Products.
However, please note we are permitted by law to reduce your refund 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.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 11.8;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

11.6 When we will pay the costs of return.  We will pay your reasonable costs of return:

(a) if the Products are faulty or misdescribed;

(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; or

(c) if you are a consumer exercising your right to change your mind.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

11.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

11.8 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to our authorised carrier. Please see our Returns Policy for our returns address, and how to arrange a return. If we have offered to collect the Product from you as advised in our e-mail to you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

(b) unless the Product is faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge up to a maximum of £50.00 for collection of the Products.

11.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract.  As a consumer, you have legal rights in relation to Products that are faulty or not as described.  These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

12. DELIVERY

12.1 We will contact you with an estimated delivery date, you acknowledge and accept that an estimated delivery date will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.

12.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organized by you collect them from us and the Products will be your responsibility from that time.

12.3 If no one is available at your address to take delivery:

(a) we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery; and

(b) 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; and

(c) if, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.

12.4 Small items (below weight of 20 kilograms) are delivered by courier, and large items (above weight of 20 kilograms) are delivered by delivery porter service.

12.5 For large items (as set out above) you will be contacted by the carrier in advance to arrange a date for delivery. The date you will be offered will be on or before the estimated delivery date quoted in the Dispatch Confirmation.

12.6 You own the Products once we have received payment in full, including all applicable delivery charges.

This clause 12.7 only applies if you are a consumer.

12.7 If we miss the 30 day delivery deadline, or in respect of large items you are offered a delivery date outside the 30 day delivery deadline for any Products (as applicable), then you may cancel your Order straight away if any of the following apply:

(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

12.8 If you do not wish to cancel your order for late delivery straight away, or do not have the right to do so under clause 12.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

12.9 If you do choose to cancel your Order for late delivery under clause 12.7 or clause 12.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

12.10 We only deliver to addresses within the UK Mainland and do not deliver to addresses in the Highlands of Scotland.

12.11 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK as set out in clause 13.1

13. OUR RIGHTS TO END THE CONTRACT

13.1 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 [7] days of us reminding you that payment is due;

(b) 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, any details that you require to be incorporated into your Product, such as details that would make your Product a Bespoke Product; or

(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 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.

13.3 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 14 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.

14. PRICE OF PRODUCTS AND DELIVERY CHARGES

14.1 The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 14.5 for what happens if we discover an error in the price of Product(s) you ordered.

14.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

14.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Policy.

14.5 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) Where the Product’s correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b) If the Product’s correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

15. HOW TO PAY

15.1 You can only pay for Products using a debit card or credit card. We accept the following cards: 1.1: Maestro; Visa Credit; Visa Debit; Visa Electron: MasterCard Credit; MasterCard Debit; American Express.

15.2 Payment for the Products and all applicable delivery charges is in advance.

15.3 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).

15.4 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 4% 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.

16. CHATSWORTH CABINET’S WARRANTY FOR THE PRODUCTS

16.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.

16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) any specification provided by you.

16.3 Subject to clause 16.4, if:

(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 16.1;

(b) we are given a reasonable opportunity of examining such Product; and

(c) you return such Product 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.

16.4 We will not be liable for a Product’s failure to comply with the warranty in clause 16.1 if:

(a) you make any further use of such Product after giving a notice in accordance with clause 16.3(a);

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

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

(d) you alter or repair the Product without our written consent; or

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

16.5 Except as provided in this clause 16, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 16.1.

16.6 These Terms shall apply to any repaired or replacement Products supplied by us under clause 16.3.

16.7 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

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.
the Consumer Rights Act 2015 says the Products 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:

  • up to 30 days: if your Products are faulty, then you can get an immediate refund.
  • up to six months: if your Products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.

See also clause 11.

17. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 17 only applies if you are a business customer.

17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

17.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid by you for the Products.

17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

18. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 18 only applies if you are a consumer.

18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

18.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 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 17.

18.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

19. EVENTS OUTSIDE OUR CONTROL

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.

19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation the unavailability of raw materials at commercially reasonable prices, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

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

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

19.4 You may cancel a 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.

20. COMMUNICATIONS BETWEEN US

20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

20.2 If you are a consumer you may contact us as described in clause 2.2.

20.3 If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

21. OTHER IMPORTANT TERMS

21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.

21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.

21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

21.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).