TERMS OF WEBSITE USE
INFORMATION ABOUT US
This website is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us" as appropriate). Our contact details are as follows Eaglemoss Ltd, Beaumont House, Kensington Village, Avonmore Road, London W14 8TS United Kingdom. Our VAT number is GB 242 5983 47.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our ACCEPTABLE USE POLICY. This site is provided for personal use and you should not use it for business purposes.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Material incorporated or displayed on this website belongs to Eaglemoss or its licensors. These works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of material displayed on the website for non-commercial, personal use only provided our status (and that of any identified contributors or licensors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not use any part of the materials on our site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• your use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of such websites.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products purchased through this site, which will be set out in our separate TERMS AND CONDITIONS OF SUPPLY.
INFORMATION ABOUT YOU AND YOUR VISIT TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of products formed through our site or as a result of visits made by you are governed by our separate TERMS ANDCONDITIONS OF SUPPLY.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY which forms part of these terms.
If you submit or upload material to this site (for example artwork or pictures) this will be considered non-confidential and non-proprietary and you agree that Eaglemoss, and others accessing the site are authorised and licensed to use, copy, distribute and disclose such material free of charge to third parties and that such material can be displayed on the site. You confirm you are entitled to submit material that you provide to us and hereby waive any moral rights you may have in such materials. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our ACCEPTABLE USE POLICY.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Eaglemoss recommends that you install appropriate antivirus software and any other necessary protective software before you download information from this website. Eaglemoss has no control over the content of websites which can be accessed from the Eaglemoss website.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
LINKS FROM OUR SITE
Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. Eaglemoss has not reviewed and has no control whatsoever over any of the websites or their contents mentioned or accessible from this website. Eaglemoss accepts no responsibility and disclaims all liability in respect of websites, and the information contained therein, maintained by any third party whether or not mentioned in or accessible from this website. In addition, the existence of a link from this website to any other website is not and shall not be understood to be an endorsement or approval by Eaglemoss of such linked website, its owner, or any products or services offered on such linked websites.
JURISDICTION AND APPLICABLE LAW
The titles of Eaglemoss’s collections are unregistered and/or registered trademarks of Eaglemoss. All other product names, trademarks, company names or logos appearing on the website are the trademarks of their respective owners. You may not use any trademark featured on the website without the written permission of Eaglemoss or such other party that may own such trademarks.
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.
This website eaglemoss.com and associated web pages ("shop.eaglemoss.com " or "the website") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us").
Eaglemoss is committed to processing personal data relating to users of the website ("you") in accordance with applicable data protection law. The following outlines our privacy and data protection policy.
Collection and Use of User Details
When you register on shop.eaglemoss.com or use the website, we collect personal details about you.
Personal information such as your name, address and -mail address is collected via shop.eaglemoss.com’s ordering and registration forms, as well as via chatrooms and other ways in which you communicate with us via the website.
When you visit the site, we also collect web site usage information and information about your computer and internet connection, including your computer's IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at eaglemoss.com via a link from another website, the URL of the linking page.
We use the information we collect via the website to:
• fulfil orders;
• personalise the content you will see based on your personal characteristics or preferences;
• notify you of relevant new products and features on eaglemoss.com (subject to obtaining your consent to receiving such information as required by applicable law);
• notify you of promotions from eaglemoss.com and from Eaglemoss (subject to obtaining your consent to receiving such information as required by applicable law);
• allow reputable third parties to send you information (subject to obtaining your consent to receiving such information as required by applicable law);
• ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors;
• improve our understanding of customer needs in developing eaglemoss.com;
• build marketing profiles;
• aid strategic development and statistical analysis; and
• as otherwise reasonably required by us and our affiliates in connection with our business or as required by law.
Eaglemoss operates from offices worldwide and may disclose your personal data to its affiliates, representatives, licensors, service suppliers, professional advisers, credit reference agencies and law enforcement bodies for the foregoing purposes and other purposes referred to below. The data Eaglemoss collects from you may therefore be transferred to, and stored at, a destination outside the European Economic Area. By submitting your personal data you agree to such transfer and processing. Eaglemoss and its affiliates and data processors seek to ensure appropriate standards of data protection are adhered to for the forms of processing mentioned above.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Some of our forms requesting personal data may provide you with a series of choices regarding promotional activity and other communication with you. In any event, you can opt out of receiving marketing communications from us at any time.
You can delete cookies from your hard drive at any time. However, if you delete these cookies, any settings such as your stored username and password will have to be reset when you log in again.
You will be able to use eaglemoss.com even if you set your browser not to accept any cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.
Eaglemoss and shop.eaglemoss.com uses reputable third parties to deliver the -mails you may receive from this site. These third parties use unique identifiers and invisible images (often called "pixel tags" or "clear GIFs") to perform message open sensing, message format sensing, and clickthrough sensing on behalf of Eaglemoss in order to bring you more relevant information.
Children Under 13
Individuals under the age of 13 should not submit any personal details without the permission of their parent or guardian.
Other permitted disclosures
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Eaglemoss Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Changes to this policy
If you would like to request a copy of the information Eaglemoss holds relating to you please contact firstname.lastname@example.org in the first instance. As permitted by law Eaglemoss reserves the right to charge you a fee of £10 to meet its costs in providing you with information it holds about you.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you, the user of or visitor to this site, and us under which you may access our website and associated web pages ("shop.eaglemoss.com", "the website" or "site"). This acceptable use policy applies to all users of, and visitors to, our site.
This website and associated web pages ("eaglemoss.com", "the website" or "site") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us" as appropriate). Our contact details are as follows Eaglemoss Limited, Beaumont House, Kensington Village, Avonmore Road, United Kingdom. Our VAT number is GB 242 5983 47.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS (see below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To conduct any business activity
You also agree:
• Not to access without authority, interfere with, damage or disrupt:
• Any part of our site;
• Any equipment or network on which our site is stored;
• Any software used in the provision of our site; or
• Any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards.
Where we do provide any interactive service, we will decide in each case in our sole discretion whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark or other right of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Eaglemoss limited terms of supply
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 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.
2. Information about us and how to contact us
2.1 Who we are. We are Eaglemoss Limited a company registered in England and Wales. Our company registration number is 02226335 and our registered office and main trading address is at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK. Our VAT number is GB 242 5983 47.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01425 462 857 or by writing to us at email@example.com or Beaumont House, Kensington Village, Avonmore Road, London W14 8TS.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and in the EU. Products on this website are only for sale in the UK and in the EU. If you are visiting this website from outside the EU, please click on the flag relevant to you, or contact us at firstname.lastname@example.org.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
5.3 If the products are a subscription to receive goods. We will supply the goods to you until either the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.4 We are not responsible for delays 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.
5.5 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.
5.6 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 8.2 will apply.
5.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
5.8 When you own goods. You own a product which is goods once we have received payment in full.
5.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.
5.10 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 for longer than a two week period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.11 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 10.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.5).
6. Your rights to end the contract
6.1 You can always end your contract with us . Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2 Ending the contract because of something we have done or are going to do . If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) . 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.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) purchase of an individual issue of a magazine;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example a magazine subscription). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7. How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by:
(a) Phone or email. Call customer services on 01425 462 857 or by writing to us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or post them back to us. Please call customer services on 01425 462 857 or by writing to us at firstname.lastname@example.org for a return label. 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 contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8. Our rights to end the contract
8.1 We may end the contract if you break it . We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract . If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01425 462 857 or write to us at email@example.com or Beaumont House, Kensington Village, Avonmore Road, London W14 8TS.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or post them back to us. We will pay the costs of postage. Please call customer services on 01425 462 857 or write to us at firstname.lastname@example.org for a return label.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of products advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 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.
10.3 What happens if we got the price wrong . It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay . We accept payment by credit and debit card as listed on our website. 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.
10.5 We can charge interest if you pay late . If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong . If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
10.7 Increases in Price. We may from time to time increase the price of the products that are the subject of a contract. We shall give you no less than 28 days’ notice of any such increase.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
12.2 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 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.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing 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.
12.6 Which laws apply; location of legal proceedings. These Terms and Conditions of Supply are governed by English law provided that where you are a consumer nothing in these Terms and Conditions of Supply supersedes or replaces any mandatory laws that apply in your place of residence. You or we can bring legal proceedings under these Terms and Conditions of Supply in the courts of your place of residence. Where you are a business customer the English courts have non-exclusive jurisdiction in respect of any dispute arising under or in connection with these Terms and Conditions of Supply.