Terms & Conditions
These are our terms and conditions on which we supply any goods and services to you.
1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions on which We supply Goods or Services to You.
1.2 Why You should read them. Please read these Terms carefully before You sign this Agreement. These Terms tell You who We are, how We will provide Goods or Services to You, how You and We may change or end the Agreement, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms or require any changes, please contact Us to discuss.
1.3 The meaning of some words used in this Agreement.
1.3.1 “Agreement” means this agreement, made up of the documents set out in the Contract Details and these Terms.
1.3.2 “Business” means anyone who is contracting with Us who is not a Consumer.
1.3.3 “Consumer” means an individual that is entering into this Agreement with Us for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
1.3.4 “Contract Details” means the form attached to the front of these Terms, or if You are placing the Order online, our electronic “Contract Details” form and any document referred to therein.
1.3.5 “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation 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.
1.3.6 “Goods” means the goods (if any) that we are providing to you, as set out in the Contract Details.
1.3.7 “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.3.8 “Order” means the order that You submit to Us in respect of the Goods or Services.
1.3.9 “Services” means the services (if any) that we are providing to You, as set out in the Contract Details.
1.3.10 “Terms” means these terms and conditions.
1.3.11 “You or Your” means the person or organisation identified in the Contract Details that We are providing the Goods or Services to and who is required to pay for the Goods or Services that We supply;
1.3.12 “We, Us or Our” means Cornwall Blind and Partially Sighted Association, trading as iSightCornwall, a charitable company limited by guarantee registered in England and Wales under company number 05357432 and with our registered office at Sight Centre, Newham Road, Truro, Cornwall, TR1 2DP.
2. HOW TO CONTACT US
2.1 How to contact us.
2.1.1 You can contact Us by telephoning Our customer service team at 01872 261110 or by writing to Us at TRosnau-Ward@isightcornwall.org.uk or at iSightCornwall, The Sight Centre, Newham Road, Truro, Cornwall, TR1 2DP.
2.1.2 If You are a Business and You wish to give Us formal notice of any matter in accordance with these Terms, please see clause 15.3.
2.1.3 If You are a Consumer and You wish to cancel this Agreement in accordance with Your legal right to do so, please see clause 9.1.
2.2 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 set out in the Contract Details.
2.3 “Writing” includes emails. When We use the term “writing” or written” in these terms, this includes emails.
3. IF YOU ARE A CONSUMER
This clause 3 only applies if You are a Consumer.
3.1 If You are a Consumer, You may only purchase Goods or Services from Us if You are at least 18 years old.
4. IF YOU ARE A BUSINESS CUSTOMER
This clause 4 only applies if You are a Business.
4.1 If You are not a Consumer, You confirm that You have authority to bind any business on whose behalf You enter into this Agreement to purchase Goods and/or Services.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Agreement 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.
4.4 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 Agreement.
5. OUR AGREEMENT WITH YOU.
5.1 How We will accept Your Order. Our acceptance of Your Order will take place when You and We have both signed the Contract Details, or if You have placed the Order online, when You and We have both agreed in writing that We will fulfil Your Order, at which point a contract will come into existence between You and Us.
6. OUR GOODS AND SERVICES
6.1 Any images of the Goods on Our website or in any brochure that we issue 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 Goods. Your Goods may vary slightly from those images.
6.2 The packaging of the Goods may vary from that shown on images on Our site.
6.3 Our aim is always to provide You with the Goods or Services:
6.3.1 Using reasonable care and skill;
6.3.2 In compliance with all applicable laws and regulations in force at the time We are providing the Goods or Services, provided that We shall not be liable under this Agreement if, as a result of such compliance, We are in breach of any of Our obligations under this Agreement;
6.3.3 Using reasonable endeavours to ensure that the Goods or Services accord with the Contract Details;
6.3.4 observing all reasonable health and safety rules and regulations and security requirements that apply at any of Your premises and that You have informed Us of, provided that We shall not be liable under this Agreement if, as a result of such observation, We are in breach of any of Our obligations under this Agreement; and
6.3.5 taking reasonable care of any of Your materials in Our possession, and making them available for collection by You on reasonable notice and request, always provided that the We may destroy Your materials if You fail to collect them within a reasonable period after termination of this Agreement.
7. PROVIDING THE GOODS OR SERVICES
7.1 Delivery costs and expenses. Any delivery costs or expenses will be as set out in the Contract Details.
7.2 How and when We will provide Goods.
7.2.1 Collection by You. If the Contract Details state that You will collect the Goods from Our premises, You can collect them from Us at any time during Our working hours of 9 to 4.30 on Weekdays (excluding public holidays).
7.2.2 Delivery. If the Contract Details state that We will deliver the Goods to You, 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, or at such other date as is set out in the Contract Details.
7.2.3 If no one is at the delivery address when the Goods are delivered. If no one is available at Your address to take delivery and the Goods cannot be posted through Your letterbox, We will leave You a note informing You of how to rearrange delivery or collect the Goods.
7.2.4 If You do not re-arrange delivery. If You do not collect the Goods from us as arranged or if, after a failed delivery to You, You do not re-arrange delivery or collect them 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 11.3 will apply.
7.2.5 When You become responsible for Goods. Goods will be Your responsibility from the time We deliver the Goods to the address You gave us or You or a carrier organised by You collect the Goods from Us.
7.2.6 When You own Goods. You own Goods once We have received payment in full.
7.3 How and when We will provide Services.
7.3.1 Performance of the Services. We will begin the Services on the date set out in the Contract Details. We estimate that the Services will be complete on the date set out in the Contract Details.
7.3.2 Things you will need to do to enable Us to provide Services. If We are providing Services at Your premises, You will need to:
(a) Make the areas where the Services are to be performed ready;
(b) Remove any items which will stop or hinder the provision of the Services;
(c) Allow Us to gain access to the your other premises at the dates and times set out in the Contract Details;
(d) Obtain any necessary consents, permissions and approvals before We start providing the Services;
(e) Make available such facilities at the Premises as are set out in the Contract Details, or as We otherwise reasonably require.
7.3.3 If You do not undertake the steps set out above. If You do not take the steps set out in 7.3.2 above, We may charge You additional costs incurred by Us as a result. If, despite our reasonable efforts We are unable to contact You or You otherwise do not take the steps set out in 7.3.2, We may end the Agreement and clause 11.3 will apply.
7.4 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 Goods or Services to You. This information will include, but not necessarily be limited to information specifically requested on the Contract Details however We may contact You to ask for further information if We require it to provide You with the Goods or Services. 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 Agreement (and clause 11.3 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 Goods or Services 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.
7.5 What will happen if You do not perform any other obligations under this agreement. If You do not perform Your obligations under this agreement, including those set out on the Contract Details within the time frame set out within this Agreement or where there is no time set out, within a reasonable period, We may either end the Agreement (and clause 11.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
7.6 Reasons We may suspend the supply of Goods or Services to You. We may have to suspend the supply of Goods or Services to:
7.6.1 deal with technical problems or make minor technical changes;
7.6.2 update the Goods or Services to reflect changes in relevant laws and regulatory requirements;
7.6.3 make changes to the Goods or Services as requested by You or notified by Us to You.
7.7 Your rights if We suspend the supply of Goods or Services
7.7.1 We will contact You in advance to tell You We will be suspending supply of the Goods or Services, unless the problem is urgent or an emergency.
7.7.2 We will adjust the price so that You do not pay for Goods or Services while they are suspended (Unless You are a Business and the suspension is as a result of 7.6.3)
7.7.3 You may contact Us to end the Agreement if We suspend it, or tell You We are going to suspend it in a way which means that, and as a result:
(a) We will fail to meet a deadline which was essential ( as set out in the Contract Details or taking into account all the relevant circumstances);
(b) In any situation other than that set out in 7.7.1, We will not be able to provide Services for a period of more than one Week .
7.7.4 Where You have contacted Us to end the Agreement because of Us suspending the Agreement as a result of 7.6.1 or 7.6.2 above if You are a Business or a Consumer, or 7.6.3 if You are a Consumer, We will refund any sums You have paid in advance for the Goods or Services in respect of the period after You end the Agreement.
7.8 We may also suspend supply of the Goods or Services if You do not pay. If You do not pay us for the Goods or Services when You are supposed to (see clause 12.3) and You still do not make payment within 7 days of us reminding You that payment is due, We may suspend supply of the Goods or Services until You have paid us the outstanding amounts. We will contact You to tell You We are suspending supply of the Goods or Services. We will not suspend the Goods or Services where You dispute the unpaid invoice (see clause 12.5). We will not charge You for the Goods or Services during the period for which they are suspended. As well as suspending the Goods or Services We can also charge You interest on Your overdue payments (see clause 12.4).
7.9 We are not responsible for delays outside our control. If Our provision of Goods and/or Services is affected 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 Outside of Our Control but if there is a risk of substantial delay You may contact us to end this Agreement and receive a refund for any Goods or Services You have paid for but not received.
8. OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the Goods and/or Services. We may change the Goods or Services:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the Product
9. YOUR CONSUMER RIGHT TO END THE AGREEMENT.
This clause 9 only applies if You are a Consumer.
9.1 You can always end Your Agreement with us. Your rights when You end the Agreement 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 Agreement:
9.1.1 If what You have bought is faulty or misdescribed You may have a legal right to end the Agreement (or to get Goods repaired or replaced or a Service re-performed or to get some or all of Your money back), see clause 9.3;
9.1.2 If You want to end the Agreement because of something We have done or have told You We are going to do, see clause 9.2;
9.1.3 If You have just changed Your mind about the Goods or Services, see clauses 9.3 to 9.5. 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;
9.1.4 In all other cases (if We are not at fault and there is no right to change Your mind), see clause 9.6
9.2 Ending the Agreement because of something We have done or are going to do. If You are ending an Agreement for a reason set out at 9.2.1 to 9.2.4 below the Agreement will end immediately and We will refund You in full for any Goods or Services which have not been provided and You may also be entitled to compensation. The reasons are:
9.2.1 We have told You about an error in the price or description of the Goods or Services You have ordered and You do not wish to proceed;
9.2.2 there is a risk that supply of the Goods or Services may be significantly delayed because of Events Outside Our Control;
9.2.3 We have suspended supply of the Goods or Services for technical reasons, or notify You We are going to suspend them for technical reasons in the manner set out in clause 7.7; or
9.2.4 You have a legal right to end the Agreement because of something We have done wrong.
9.3 Exercising Your right to change Your mind (Consumer Contracts Regulations 2013) if You have purchased online. If You are a Consumer, for most Goods or Services 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.
9.4 When You don’t have the right to change Your mind. You do not have a right to change Your mind in respect of:
9.4.1 Services, once these have been completed, even if the cancellation period is still running;
9.4.2 Goods sealed for health protection or hygiene purposes, once these have been unsealed after You receive them;
9.4.3 sealed audio or sealed video recordings or sealed computer software, once these Goods are unsealed after You receive them; and
9.4.4 any Goods which become mixed inseparably with other items after their delivery.
9.5 How long do I have to change my mind? How long You have depends on what You have ordered and how it is delivered.
9.5.1 Have You bought Services? If You have bought services online, You have 14 days after the day We accept Your Order in writing. 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.
9.5.2 Have You bought Goods? if You have bought Goods online, You have 14 days after the day You (or someone You nominate) receives the goods, unless:
(a) 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.
(b) Your Goods are for regular delivery over a set period. In this case You have until 14 days after the day You (or someone You nominate) receives the first delivery of the Goods.
9.6 Ending the Agreement where We are not at fault and there is no right to change Your mind. If You do not have any other rights to end the Agreement (see clause 9.1), You can still contact Us before it is completed and tell Us You want to end it. If You do this the Agreement will end immediately and We will refund any sums paid by You for Goods or Services 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 Agreement.
10. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
This clause 10 only applies if You are a Consumer.
10.1 Tell Us You want to end the Agreement. To end the Agreement with us, please let Us know by doing one of the following:
10.1.1 Phone or email. Call Us on 01872 261110 or email us at info@isightcornwall.org.uk. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
10.1.2 By post. Print off the cancellation form attached at Schedule 1 and post it to us at the address on the form. Or simply write to Us as that address, including the information required in the form.
10.2 Returning Goods after ending the Agreement. If You end the Agreement for any reason after Goods 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 or (if they are not suitable for posting) allow us to collect them from You. Please call customer services on 01872 261110 or email us at info@isightcornwall.org.uk for a return label or to arrange collection. If You are exercising Your right to change Your mind You must send off the Goods within 14 days of telling us You wish to end the Agreement.
10.3 When We will pay the costs of return. We will pay the costs of return:
10.3.1 if the Goods are faulty or misdescribed;
10.3.2 if You are ending the Agreement because We have told You of an upcoming change to the Goods 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.
10.4 What We charge for collection. If You are responsible for the costs of return and We are collecting the Goods from You, We will charge You the direct cost to Us of collection.
10.5 How We will refund You. If You bought the Goods online or over the telephone We will refund You the price You paid for the Goods or Services including delivery costs, by the method You used for payment. If You bought the Goods in person We will give You a credit note for the value of those Goods. However, We may make deductions from the price, as described below.
10.6 Deductions from refunds. If You are exercising Your right to change Your mind:
10.6.1 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.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of Goods within 3-5 days at one cost but You choose to have the Goods delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
10.6.3 Where We are providing 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 Agreement.
10.7 When Your refund will be made. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
10.7.1 If the case of Goods where We have not offered to collect them, Your refund will be made within 14 days from the day on which We receive the Goods back from You or, if earlier, the day on which You provide us with evidence that You have sent the Goods back to us. For information about how to return Goods to us, see clause 10.2.
10.7.2 In all other cases, Your refund will be made within 14 days of Your telling us You have changed Your mind.
11. OTHER RIGHTS TO END THE AGREEMENT
11.1 We may end the Agreement if You break it. We may end the Agreement at any time by writing to You if:
11.1.1 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;
11.1.2 You do not, within a reasonable time of Us asking for it, provide us with information that is necessary for Us to provide the Goods and/or Services; or
11.1.3 You do not, within a reasonable time, allow Us to deliver the Goods to You or collect the Goods from Us;
11.1.4 You do not, within a reasonable time, allow Us access to any necessary premises to supply the Services;
11.1.5 You commit a material breach of any term of this Agreement which breach is not capable of remedy or (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so;
11.2 Rights to end the Agreement where You are a Business. Either You or We may end the Agreement if You are a Business and:
11.2.1 The other party to this Agreement takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
11.2.2 The other party to this Agreement suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
11.2.3 The other party to this Agreement’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under this Agreement has been placed in jeopardy.
11.3 You must compensate us if You break the Agreement. If We end the Agreement in the situations set out in clause 11.1 We will refund any money You have paid in advance for Goods or Services We have not provided but We may deduct or charge reasonable compensation for the net costs We will incur as a result of Your breaking the Agreement.
11.4 We may withdraw the Goods or Services. We may write to You to let You know that We are going to stop providing the Goods or Services. We will let You know at least 30 days in advance of Our stopping the supply of the Goods or Services and will refund any sums You have paid in advance for Goods or Services which will not be provided.
11.5 If You are a Business. If You are a Business, on termination of this Agreement for whatever reason:
11.5.1 You shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Goods or Services supplied but for which no invoice has been submitted, We may submit an invoice, which shall be payable immediately on receipt;
11.5.2 Termination of the Agreement shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination; and
11.5.3 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. PRICE AND PAYMENT AND DELIVERY CHARGES
12.1 Where to find the price for the Goods or Services. The price of the Goods or Services (which includes VAT) will be the price indicated on the Contract Details.
12.2 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.
12.3 When You must pay and how You must pay. When You must pay depends on whether you are buying Goods or Services.
12.3.1 For Goods, You must pay for the Goods before We dispatch them. We will not charge Your credit or debit card until We dispatch the Goods to You.
12.3.2 For services, unless otherwise set out in the Contract Details, We will invoice You Weekly in arrears for the Services until the Services are completed, however may require a deposit to be paid upfront. You must pay each invoice within 30 calendar days after the date of the invoice.
12.4 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 Lloyds Bank 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.
12.5 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.
12.6 Delivery Charges. The price of Goods or Services does not include delivery charges or expenses. Any delivery charges or expenses are as set out on the Contract Details.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if You are a business customer.
13.1 We only supply the Goods and/or Services for internal use by Your business, and You agree not to use the Goods or Services for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4 defective Goods or Services under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, 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 Agreement for:
13.3.1 any loss of profits, sales, business, or revenue;
13.3.2 loss or corruption of data, information or software;
13.3.3 loss of business opportunity;
13.3.4 loss of anticipated savings;
13.3.5 loss of goodwill; or
13.3.6 any indirect or consequential loss.
13.4 Subject to clause 13.2, Our total liability to You in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 120% of the price of the Goods or Services.
13.5 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Goods or Services. 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 Goods or Services are suitable for Your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if You are a Consumer.
14.1 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 Agreement 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 Agreement was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
14.2 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.
14.3 We are not liable for business losses. We only supply the Goods and Services for domestic and private use. If You use the Goods or Services 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.
15. COMMUNICATIONS BETWEEN US
15.1 When We refer, in these Terms, to “in writing”, this will include e-mail.
15.2 If You are a consumer You may contact us as described in clause 1.2.
15.3 If You are a business:
15.3.1 Any notice or other communication given by You to Us, or by Us to You, under or in connection with the Agreement 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.
15.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
15.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. HOW WE USE YOUR PERSONAL INFORMATION
16.1 How We will use Your personal information. We will use the personal information You provide to Us:
16.1.1 to supply the Goods and/or Services to You;
16.1.2 to process Your payment for the Goods and/or Services; and
16.1.3 if You agreed to this during the order process, to inform You about similar Goods and/or Services that We provide, but You may stop receiving these at any time by contacting Us.
16.2 We may pass Your personal information to credit reference agencies. Where We extend credit to You for the Goods and/or Services We may pass Your personal information to credit reference agencies and they may keep a record of any search that they do.
16.3 We will only give Your personal information to other third parties where the law either requires or allows us to do so.
17. INTELLECTUAL PROPERTY RIGHTS.
17.1 We shall retain ownership of all of all Intellectual Property Rights in the Goods and/or Services. You shall retain ownership of all Intellectual Property Rights in any information or other materials that You supply to Us to enable Us to provide the Goods or Services.
17.2 We grant to You, a non-exclusive, royalty-free, licence to copy Our intellectual property rights for the purpose of receiving and using the Goods or Services during the term of the Agreement.
17.3 You grant to Us a non-exclusive, royalty-free, non-transferable licence to copy and modify any information or other materials that You supply to Us for the term of this Agreement for the purpose of providing the Goods and/or Services to You in accordance with this Agreement.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this Agreement to someone else. We may transfer Our rights and obligations under this Agreement to another organisation, but this will not affect Your rights or Our obligations under these Terms. We will always notify You in writing or by posting on Our webpage if this happens.
18.2 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.
18.3 Nobody else has any rights under this Agreement. This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to end the Agreement or make any changes to these Terms.
18.4 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms and the Contract Details 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.
18.5 Even if We delay in enforcing this Agreement, We can still enforce it later. 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.
18.6 If You are a Consumer, please note that these Terms are governed by English law. This means that the Agreement 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.
18.7 If You are a business, the Agreement 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.
18.8 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 this Agreement or its subject matter or formation (including non-contractual disputes or claims).
THE SCHEDULE
MODEL CANCELLATION FORM
(Complete and return this form only if You wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
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