Terms & Conditions of Sale

Last Update: 30th November 2022

This document (together with the documents expressly referred to in it) 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 site") to you.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please tick the checkbox labelled "I have read and accept the Terms & Conditions of Sale" on the checkout page. If you refuse to accept these Terms, you will not be able to order any Products from our site.

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

1. INFORMATION ABOUT US
   1. We operate the website www.physique.co.uk. We are Physique Management Company Ltd, a company registered in England and Wales under company number 03580515 and with our registered office at Solar House - Pf 915 High Road, North Finchley, London, England, N12 8QJ. Our main trading address is Unit 6, Hermitage Park, Harts Farm Way, Havant, PO9 1FA, England Our VAT number is GB717470139.
   2. Contacting us if you are a consumer:
      1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete and return the cancellation form (available at www.physique.co.uk or available on request from us). If you use this method we will e-mail you or post a note to you to confirm we have received your cancellation. You can also e-mail us at [email protected] or contact our Customer Services team by telephone on +44 (0)2392 471346 or by post to Unit 6, Hermitage Park, Harts Farm Way, Havant, PO9 1FA. 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.
      2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0)2392 471346, or by e-mailing us at [email protected].
      3. 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.
   3. Contacting us if you are a business. You may contact us by telephoning our customer service team at +44 (0)2392 471346 or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
   4. Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
      
2. OUR PRODUCTS
   1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
   2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
   3. The packaging of the Products may vary from that shown on images on our site.
   4. All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. HOW WE USE YOUR PERSONAL INFORMATION
   1. We use your personal information to fulfil Contracts and to send you marketing related to other products and services similar to a previous sale to you (or negotiation for a sale) that we think may be of interest to you. If you do not wish to receive such marketing please contact us at: [email protected].
   2. For further information please read our Privacy Policy which is available on our website at www.physique.co.uk. Please take the time to read this, as it includes important terms which apply to you.
4. IF YOU ARE A CONSUMER
   This clause 4 only applies if you are a consumer.
   1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. There may also be certain Products which can only be legally purchased if you satisfy the legal age requirement for that Product. Please do not attempt to order these Products through our site if you do not satisfy these age requirements as we are not allowed by law to supply these Products to you if you do not satisfy these age requirements.
   2. 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. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
   This clause 5 only applies if you are a business.
   1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
   2. These Terms
      1. apply to and shall be incorporated into the Contract. Your standard terms and conditions (if any) attached to, enclosed with, or referred to in, your purchase order shall not govern the Contract.
      2. prevail over any inconsistent terms or conditions contained in, or referred to in, your purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
      3. These Terms and any document expressly referred to in them 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.
      4. 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.
      5. 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.
6. PLACING AN ORDER
   1. Our shopping pages will guide you through the steps you need to take to place an order with us.
   2. 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.
   3. 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 6.4.
   4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
   5. 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 site as referred to in clause 12.5, 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.
7. OUR RIGHT TO VARY THESE TERMS
   1. We may revise these Terms from time to time in the following circumstances:
      1. changes in how we accept payment from you; or
      2. changes in relevant laws and regulatory requirements.
   2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
   3. 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.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
   This clause 8 only applies if you are a consumer.
   1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
      
   2. However, this cancellation right does not apply in the case of:
      
      1. any products made to your specification or clearly personalised;
         
      2. newspapers, periodicals or magazines with the exception of subscription contracts;
         
      3. goods likely to deteriorate or expire rapidly;
         
      4. sealed goods which are not suitable for return due to health protection or hygiene, if the goods become unsealed after delivery;
         
      5. sealed audio or video or computer software, if the goods become unsealed after delivery;
         
      6. if the goods become mixed inseparably (according to their nature) with other items after delivery.
   3. Your legal right to 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 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 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
      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 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
      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 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

   4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form (available at www.physique.co.uk or available on request from us). If you use this method we will e-mail you or post a note to you to confirm we have received your cancellation.
      
      You can also e-mail us at [email protected] or contact our Customer Services team by telephone on +44 (0)2392 471346 or by post to Unit 6, Hermitage Park, Harts Farm Way, Havant, PO9 1FA. 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.
   5. If you cancel your Contract we will:
      1. 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. This includes doing no more than examine the Products as you would have done in a shop and you should not for example wear clothing or shoes outside or remove hygiene seals on garments.
      2. 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.
      3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
         1. 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 8.8;
         2. 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.
   6. If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
   7. We will refund you by the same method of payment as used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
   8. If a Product has been delivered to you before you decide to cancel your Contract:
      1. 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 should send it back to Unit 6, Hermitage Park, Harts Farm Way, Havant, PO9 1FA;
      2. unless the Product is faulty or not as described (in this case, see clause 8.6), 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;
   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 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. BUSINESS RIGHT TO RETURN AND REFUND
   This clause 9 only applies if you are a business customer.
   1. We warrant that on delivery, the Products shall conform in all material respects with their description and will be free from material defects in design, material and workmanship.
   2. Subject to clause 9.3, if:
      1. you give us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 9.1;
      2. we are given a reasonable opportunity of examining such Products; and
      3. you (if asked to do so by us) return the Products to our place of business at your cost,
      4. we shall, at our option, repair or replace the defective Product, or refund the price of the defective Products in full.
   3. We shall not be liable for the Products’ failure to comply with the warranty set out in clause 9.1 if:
      1. you make any further use of such Products after giving notice in accordance with clause 9.2;
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
      3. you alter or repair such Products without our written consent;
      4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
      5. the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
   4. Except as provided in this clause 9, we shall have no liability to you in respect of the Products' failure to comply with the warranty set out in clause 9.1.
   5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
   6. This clause 9 shall apply to any repaired or replacement Products supplied by us.
10. DELIVERY
    1. We will contact you with an estimated delivery date, which will be within 60 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.
    2. We will usually use a third party courier to deliver the Products to you. If no one is available at your address to take delivery, a note will be left that the Products have been returned to our premises or the premises of our courier, in which case, please contact us or our courier to rearrange delivery.
    3. Delivery shall be completed when we or our courier deliver the Products to the address you gave us and the Products will be your responsibility from that time.
    4. You own the Products once we have received payment in full, including all applicable delivery charges.
    5. These clauses 10.5 to 10.7 only apply if you are a consumer.
    5. If we miss the 60 day delivery deadline for any Products then you may cancel your Contract straight away if any of the following apply:
       1. we have refused to deliver the Products;
       2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
       3. you told us before we accepted your order that delivery within the delivery deadline was essential.
    6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Contract if we do not meet the new deadline.
    7. If you do choose to cancel your Contract for late delivery under clause 10.5 or clause 10.6, 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 Contract we will refund any sums you have paid to us for the cancelled Products and their delivery.
    8. We recommend that you inspect the Products that you have ordered to check that they are as ordered and have arrived undamaged within 14 days from the day after delivery. Please open each box or package and check that everything is as ordered and appears to be in good condition. Without affecting any of your other rights, we will replace Products without charge that have been incorrectly supplied or damaged in transit as long as you notify us within 14 days after delivery. This includes where you have received an incorrect quantity of Products. We would also ask that you retain the original packaging in relation to such Products so that they can be returned in their original packaging.
11. INTERNATIONAL DELIVERY
    1. We deliver to countries in Europe and various other countries around the world. However there are restrictions on some Products for certain destinations, and we will contact you if such restrictions apply to your destination.
    2. If you order Products from our site for delivery outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
    1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was provided. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
    2. Prices for our Products may change from time to time, but changes will not affect any order which has been confirmed.
    3. The price of our Products excludes VAT (where applicable) which must be paid in addition 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. Any claims to exemption from VAT must be supported by the appropriate written certificate at the time of order.
    4. The price of a Product does not include delivery charges. Our delivery charges are as quoted in clause 13 below.
    5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
       1. where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
       2. if the Product's correct price is higher than the price stated on our site, 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.
13. DELIVERY AND PACKING CHARGES
    1. All Products will be dispatched by the most economical route currently available. Products ordered before 3pm will, wherever possible be dispatched that working day and delivered by your selected delivery choice. Products ordered after 3pm will be dispatched on the next working day, both these times are subject to stock availability. The delivery charge is based on the overall weight of the parcel, our standard weight is 20kgs for local and international parcels.
    2. We do not make a profit on delivery and the cost includes insurance, packaging materials and packing time. Our prices are kept keen, competitive and fair. Delivery is a cost, which has to be borne, we have defined certain areas within the UK at differing rates and the following are guidelines when ordering: Prices quoted include VAT. Please contact us if you have any queries.
       

       Delivery Zone	Delivery Rate
       Next Day Delivery (Mon-Fri) UK Mainland Order by 3pm only (excludes weekends)	£7.99 inc. VAT
       2-3 Days Delivery (Mon-Fri) UK Mainland Order by 3pm only (excludes weekends)	£3.98 inc. VAT
       Saturday UK Mainland Order by 3pm Friday	£9.98 inc. VAT
       Sunday UK Mainland Order by 3pm Friday	£9.98 inc. VAT
       Non-Mainland UK (2-3 Days) N.Ireland, Eire, Scottish Highlands, Channel Isles, IOM	£11.99 inc. VAT
       Europe Zone 1 Belgium, France, Germany, Luxembourg, Netherlands	£20.39 inc. VAT
       Europe Zone 2 Austria, Czech Republic, Denmark, Italy, Slovakia, Spain	£32.39 inc. VAT
       Saturday AM UK Mainland Order by 3pm Friday	£23.99 inc. VAT
       Before 10.30am Next Day UK Mainland Order by 3pm (excludes weekends)	£19.19 inc. VAT
       Before 12 Noon Next Day UK Mainland Order by 3pm (excludes weekends)	£13.19 inc. VAT

       Please email [email protected] for the remaining parts of Europe and the rest of the world.

       
       Mainland UK includes all areas of the mainland UK other than the following postcodes AB30 – AB38, AB41 – AB56, FK17 – FK21, G83, IV – All, KA27 – KA28, PA20 – PA99, PH15 – PH99, TR21 – TR25. Delivery to these postcodes can usually be arranged within 2 working days but please contact us for details.
    3. DPD provide a “15 Minute Delivery Window” service for free in relation to “Mainland UK Next Working Day Delivery (if ordered by 2pm)” deliveries. Assuming that we have your mobile telephone number or email address, you will receive a message approximately 15 minutes away from the driver delivering your goods. This is a service provided by a third party and we do not provide any warranty in relation to it.
    4. Further notes in relation to delivery:
       1. Multiple parcel orders, dispatched at the same time to the same address, will be charged at an additional cost. Customer service operators will contact you to arrange appropriate payment;
       2. Couches, electrotherapy and heavy items will be charged at additional cost;
       3. Any additional carriage or freight charges will be charged at cost;
       4. European Freight – can vary dependant on location - average length of delivery is 3/5 days.
14. HOW TO PAY
    1. You can pay for Products using most debit and credit cards. We reserve the right to apply a surcharge in relation to credit card transactions.
    2. Payment for the Products and all applicable delivery charges is in advance, unless we agree otherwise in writing. We reserve the right to charge your debit card or credit card before we dispatch your order.
    3. We may (but are not obliged to) allow for you to pay for our Products in full or in part after delivery.
    4. Where payment is not made in full before delivery, we shall retain full title to the Products until you have paid for the Products in full, in accordance with clause 15 below.
15. TITLE AND RISK
    1. The risk in the Products shall pass to you on completion of delivery.
    2. Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products and any other goods that we have supplied to you in respect of which payment has become due.
    3. Until title to the Products has passed to you, you shall:
       1. store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
       2. not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
       3. maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery and noting our interest on your insurance policy;
       4. notify us immediately if you become subject to insolvency, administration or liquidation proceedings; and
       5. give us such information as we may reasonably require from time to time relating to the Products and your ongoing financial position.
    4. At any time before title to the Products passes to you, we may require you to deliver up all Products in your possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly, enter your premises or premises of any third party where the Products are stored in order to recover them.
16. MANUFACTURER GUARANTEES
    1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
    2. If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
    This clause 17 only applies if you are a business customer.
    1. The Products are your responsibility as soon as they are delivered to you and you are responsible for any onward supply, distribution or sale of the Products. This means that you must take out and maintain appropriate public and product liability insurance in relation to the Products. It is also your responsibility to store the Products in a suitable environment and we cannot accept any liability where your failure to store the Products properly causes loss or damage.
    2. Nothing in these Terms limits or excludes our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
       4. defective products under the Consumer Protection Act 1987.
    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:
       1. any loss of profits, sales, business, or revenue;
       2. loss or corruption of data, information or software;
       3. loss of business opportunity;
       4. loss of anticipated savings;
       5. loss of goodwill; or
       6. any indirect or consequential loss.
    4. Subject to clause 17.2 and clause 17.3 , our total liability to you in respect of all other 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 of the Products.
    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.
    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. 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 the Contract.
    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation;
       3. breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and
       4. defective products under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
    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.
    2. An "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.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
       1. we will contact you as soon as reasonably possible to notify you; and
       2. 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.
    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
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. If you are a consumer you may contact us as described in clause 1.2.
    3. If you are a business:
       1. 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, e-mail, or posted on our site.
       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; if sent by e-mail, one business day after transmission; or, if posted on our site, immediately.
       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.
       4. 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
    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.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    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.
    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.
    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.
    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 site 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.
    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.
    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).
    9. We will not file a copy of the Contract between us.