Terms and Conditions
- Paperboard Containers
- Soup Containers & Noodle Boxes
- Microwavable Containers
- Paperboard Food Bowls
- Bagasse Containers
- Takeaway Trays
- Foil Lined Bags
- Hot Sandwich & Panini Bags
- Salt & Pepper Sachets
- Carrier Bags & Boxes
- Pizza Boxes
- Burger Boxes
- Fish & Chip
- Curry & Rice
- Ovenable Food Containers
- Fast-Pac by Sabert
- Bepulp by Sabert
BY PLACING A SALES ORDER, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT OUR TERMS AND CONDITIONS. YOUR PARTICULAR ATTENTION IS DRAWN TO CLAUSE 1.3 OF OUR TERMS BELOW.
IF YOU ARE A CONSUMER CUSTOMER, YOUR ATTENTION IS ADDITIONALLY DRAWN TO CLAUSES 12.3 TO 12.11 INCLUSIVE (YOUR RIGHTS TO END THE CONTRACT) AND CLAUSE 14 (OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU) IF YOU ARE A CONSUMER CUSTOMER. FOR THE AVOIDANCE OF ANY DOUBT, THESE CLAUSES DO NOT APPLY TO OUR BUSINESS CUSTOMERS.
IF YOU ARE UNSURE AS TO WHETHER YOU ARE A CONSUMER CUSTOMER OR BUSINESS CUSTOMER THEN PLEASE CONTACT US BEFORE PLACING A SALES ORDER WITH US.
1. These terms
1.1 These are the terms and conditions on which we supply our Products to the Customer (the ‘Terms and Conditions’).
1.2 You, the Customer, should read these terms carefully before you submit the order to us. These Terms and Conditions tell the Customer who we are, how we will provide our Products to the Customer, how the Customer and we may change or end the Contract, what to do if there is a problem and other important information. If the Customer thinks that there is a mistake in these terms, please contact us to discuss.
1.3 IN SOME AREAS THE CUSTOMER WILL HAVE DIFFERENT RIGHTS UNDER THESE TERMS DEPENDING ON WHETHER THE CUSTOMER IS A BUSINESS OR CONSUMER. THE CUSTOMER IS A CONSUMER IF:
A) THEY ARE AN INDIVIDUAL.
B) THEY ARE BUYING PRODUCTS FROM US WHOLLY OR MAINLY FOR YOUR PERSONAL USE (NOT FOR USE IN CONNECTION WITH YOUR TRADE, BUSINESS, CRAFT, OR PROFESSION).
1.4 If you are a Business Customer these terms constitute the entire agreement between us in relation to your purchase. The Business Customer acknowledge that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5 Our Business Customers may be entitled to trade accounts. If you are a Business Customer, we may request evidence, to our satisfaction, that you are not a Consumer Customer and that you are a trading, solvent business including, without limitation, your VAT number and business invoices and such other information as requested on our Trade Account Application Form. We reserve our rights entirely to refuse to accept any Trade Account Application that we deem, in our sole and absolute discretion to not meet our criteria or where we have any reason to doubt your solvency or status as a Business Customer. We also reserve our rights entirely to cancel or revoke your Trade Account at any time and without notice to you.
2. Information about us and how to contact us
2.1 We are Enviropack Limited a company registered in England and Wales. Our company registration number is 06340579 and our registered office is at First Floor, Centennial Park, Centennial Avenue, Elstree, Hertfordshire, England, WD6 3FG. Our registered VAT number is: GB932129735.
2.2 The Customer can contact us by telephoning our customer service team at: 020 8428 9184 or by writing to us at: [email protected] and by post at: Unit 503 First Floor, Centennial Park, Centennial Avenue, Elstree, Hertfordshire, England, WD6 3FG.
2.3 If we have to contact the Customer, we will do so by telephone or by writing to the Customer at the email address or postal address you provided to us in the Order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
2.5 Our website: https://www.enviropack.org.uk/.
3. Our Contract with You
3.1 Please follow the onscreen prompts on our website to place a Sales Order. Each order is an offer by you to buy Products subject to these Terms and Conditions (a ‘Sales Order’).
3.2 After you place a Sales Order, you will receive an email from us acknowledging that we have received it, but 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 3.3.
3.3 Our acceptance of the Order shall take place:
(a) in the case of payment made by credit card or debit card via our website, when we email the Customer to confirm that payment has been approved and processed; or
(b) in the case where an invoice is raised with you, upon full payment of our invoice in accordance with our invoice terms, at which point a binding contract will come into existence between the Customer and us on the terms set out in this agreement (the ‘Contract’).
3.4 We reserve our rights to cancel any Order at any time without further reason to you.
3.5 If we are unable to accept the Order, we shall inform you of this in writing and shall not charge you for the Product(s). 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 a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product or because we are unable to meet an estimated delivery date you have specified.
3.6 We shall assign a Sales Order number to you 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.
3.7 We reserve our rights entirely to refuse to accept any Orders at any time and without further notice or reasoning to you.
3.8 We ship orders internationally. However, our website is solely for the promotion of our Products in the United Kingdom (UK). We make no warranty, guarantee or representation that our Products comply with any other rule, regulation, law, custom or recommendation other than under English Law.
3.9 The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
3.10 Unless otherwise agreed, you shall remain fully liable and responsible for any cost of collection and the carriage and transportation of the Products.
3.11 Where the goods are to be sent by us to you by a route including sea transport, we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
3.12 You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
3.13 By placing an Order, you confirm that the Products comply with all local rule, regulation, law, custom or recommendation.
4. Our Products
4.1 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 The packaging of the Product may vary from that shown in images on our website.
4.3 Drawings, photographs, illustrations, specifications, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by us in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by us, and are not warranted to be accurate.
4.4 All drawings, photographs, illustrations, specifications, performance data, dimensions, weights and the like (‘Enviropack Information’) are the property of Enviropack Limited. You warrant that you will not use, copy, reproduce, modify, sell or distribute any of the Enviropack Information for your own personal and/or business purposes including, without limitation, on any website. Except as specifically agreed with us in writing, you further warrant that you shall not resell, advertise, promote or otherwise distribute the Products on any other website or platform (whether online or offline).
5. Your Rights to make Changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights to make Changes
6.1 We reserve our rights entirely to amend or vary the design or style our Products at any time and/or to change the type of Products that we make available for sale. We shall use our reasonable endeavours to ensure that this does not affect Orders already placed with us.
6.2 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.3 In addition, we may make changes to these terms or the Product. If you are a Consumer Customer and we make changes after you have placed a Sales Order with us you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.1 Except as stated otherwise on our website, for UK Mainland deliveries (England, Scotland, Wales and Northern Ireland excluding all and any islands) (the ‘UK Mainland’), we may offer free delivery services on Sales Orders over £99 excluding VAT. Deliveries of Sales Orders less than £99 + VAT to UK Mainland shall be charged at £6.99 per Sales Order. For any deliveries outside the UK Mainland, you will automatically be charged £6.99 at checkout, however,, we will contact you by telephone or email to confirm any additional delivery costs. We reserve our rights entirely to change or vary the costs of delivery from time to time except that this will not affect Orders already placed with us.
7.2 All deliveries will be left by our couriers outside your delivery address notified to us in your Order. Our couriers shall not be obliged to enter yourpremises due to safety reasons or otherwise deliver the Products to any other location than that specified by you in your Order.
7.3 We may, at our sole and absolute discretion, offer an expedited delivery services if requested by you. Our acceptance of any request for any expedited delivery service is at our sole and absolute discretion. The cost of such expedited delivery service shall be as notified to you from time to time.
7.4 For international deliveries outside the UK and any deliveries which are excluded from UK Mainland deliveries, our sales agents will contact you by telephone or email to confirm delivery costs and to provide you with an estimated delivery date. If you are a Consumer Customer and are not happy with our delivery costs, you may cancel your Order and receive a full refund less our reasonable administrative costs.
7.5 Notwithstanding and subject to clause 7.4, if the goods are ordered before 12pm noon on a Business Day, we shall use our reasonable endeavours to deliver within three (3) business working days (excluding any bank holidays in the United Kingdom).
7.6 All delivery dates provided to you are estimates only and time for delivery shall not be of the essence.
7.7 We may need certain information from you so that we can supply the Products to you, for example, the delivery address and location. This will be requested during the Order process on our website. If you give us incomplete or incorrect information, we may either end the contractor make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.8 Delivery shall take place either:
(a) At our premises (if you are collecting or arranging a carrier);
(b) At your premises or if we are arranging a carriage to a deputed messenger or carrier when posted; or
(c) Outside your premises as our couriers/hauliers are not obliged to enter your premises for safety reasons.
7.9 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
7.10 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 shall 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 in writing and receive a refund for any products you have paid for but not received. Should you cancel the contract, you shall have no further claim against us under that contract.
7.11 Should you accept delivery of the goods after the estimated delivery time, it shall be on the basis that you have no claim against us for any delay (including direct, consequential loss or increase in the price of goods).
7.12 Provided we have expressly agreed in writing in advance, for bulk and pallet orders of Products, you may be entitled to collect the Products from our Premises. Such Products may be collected from our premises during our working hours of 9.30am to 4pm on Monday to Friday (excluding public holidays). If you collect the Products, you shall be responsible for ensuring that you or your courier has a suitable letter of authority and/or proof of ID evidencing your authority to collect the Products. We shall have no liability whatsoever for checking the validity of any proof of authority or ID. You shall remain fully liable and responsible for any cost of collection and the carriage and transportation of the Products.
7.13 For safety reasons, delivery shall be at the address specified in your Order and our couriers shall not enter your premises. If no one is available at your delivery address to take delivery, our couriers may leave you a note informing you of how to rearrange delivery or collect the products from a local depot. For redelivery of failed deliveries, we reserve the right to apply a re-delivery charge.
7.14 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, as notified to you by us from time to time. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.15 The Products shall be your responsibility from the time of delivery to the address you gave us or you or a carrier organised by you collect it from us.
7.16 You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must write to tell us within three days of delivery. You must give us (and any carrier) a fair chance to inspect the damaged goods.
7.17 We shall accept no liability for damage or shortage in delivery unless the carriers’ delivery sheet is endorsed “cartons damaged/open and /unchecked”.
7.18 We may decline to deliver if:
(a) We believe it would be unsafe, unlawful, or unreasonably difficult to so; or
(b) The delivery location (or access to them) are unsuitable for our vehicle.
7.19 If your Order contains bespoke, customised, tailored or personalised Products, we may deliver an overproduction of up to a maximum of an additional 20% of the total Products Ordered in which case you will be charged for the overdelivered Products. Alternatively, we may deliver an underproduction of the Product by up to a maximum of 20% of the total Products Ordered in which case we will refund you the price for any Products not delivered. We shall not be liable for any overdelivered or underdelivered Products. You shall remain liable for the cost of all overdelivered Products which shall be payable in accordance with the terms of our invoice.
8. Title and Risk
8.1 Until you pay all monies you may owe us:
(a) All goods supplied by us remain our property;
(b) If you have already collected the Order or the Order has already been delivered to you, you must store them, so they are clearly identifiable as our property; and
(c) You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us.
8.2 Without prejudice to any other remedy we may be entitled to at law, you agree and accept that we shall have a vendor’s equitable lien on any Products that have been supplied but not paid by you in accordance with the terms of our invoice.
8.3 Notwithstanding clause 8.2, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date. You shall be liable to reimburse us for all costs, expenses, fees and charges (including, without limitation, any legal fees) incurred by us in order to recovery any monies owed to us.
9.1 If we prepare the goods in accordance with your specification or instructions:
(a) You must ensure that the specification or instructions are complete, true and accurate;
(b) You must ensure that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
(c) You must ensure that your specifications or instructions will not result in the infringement of any intellectual property rights of a third-party, or in breach or of any applicable law or regulation.
9.2 We reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements.
9.3 We also reserve the right to make without notice any minor modifications in our specifications we think necessary or desirable.
9.4 If you require any changes or amendments to the specification, you must inform us immediately in writing. We may, at our discretion, agree to amending the specification or amendments. If we are unable to comply with your request including, for example, where we have already begun to prepare the Products in accordance with your original instructions then we will notify you of this. You will remain liable to pay us in full for any Products which we are unable to amend to meet your revised specifications.
10. Price and payment
10.1 The price of the product excludes VAT (unless otherwise stated) and will be the price indicated on the order pages when you placed your order. 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.
10.2 Notwithstanding clause 10.1, VAT shall be payable on all orders (including orders exported outside of the United Kingdom) except where you provide us with clear and sufficient documents, to our satisfaction, evidencing and proving that the goods are being exported out of the United Kingdom.
10.3 The rates of tax and duties on the goods shall be those applying at the time of delivery.
10.4 You must pay for any goods before the goods are dispatched. Your credit or debit card will not be charged until we dispatch the goods to you.
10.5 You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.6 You are to pay us in cleared funds on or prior to delivery unless you have an approved credit account.
10.7 We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If you are a Consumer Customer, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If you are a Business Customer, we will notify you of the charges and either refund you the overpaid amount or invoice you for the underpaid amount. 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.
10.8 If you are a Business Customer and you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing. Any credit account shall be strictly subject to your compliance with these Terms and Conditions and any other terms notified to you by us in writing from time to time.
10.9 If you fail to pay us in full on the due date:
(a) We may suspend or cancel future deliveries; and
(b) We may cancel any discounted offer to you.
10.10 If you are a Business Customer and you do not make payment to us by the due date, we may:
(a) you must pay us interest at the rate of 10% per annum as set under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998. 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. We may claim fixed sum compensation from you under Section 5A of that Act to cover our credit control overhead costs;
(b) You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms; and
(c) if you have an approved credit account with us, we may withdraw it or reduce your credit limit or bring forward your due date for payment.
10.11 If you are a Consumer Customer, 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 our nominated 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.
11.1 We warrant that on delivery, any products which are goods shall:
(a) conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship;
11.2 Subject to clause 11.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
(d) we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.3 We will not be liable for a product's failure to comply with the warranty in clause 11.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 11.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.4 Except where you are a Consumer Customer and may be entitled to any other rights by law and except as provided in this clause 11.1 to 11.6 (inclusive), we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
11.5 If you are entitled to a refund under clause 11.2(d), we will refund you the price you paid for the products, by the method you used for payment. We will make any refunds due to you as soon as possible.
11.6 These terms shall apply to any repaired or replacement products supplied by us under clause 11.2.
12. Waiver and Variations
12.1 Your rights when you end the contract will depend on whether you are a Consumer Customer or a Business Customer.
BUSINESS CUSTOMER – CLAUSE 12.2 SHALL ONLY APPLY TO BUSINESS CUSTOMERS AND SHALL NOT APPLY TO CONSUMER CUSTOMERS
12.2 Except in the event of a warranty claim or where we decide, in our sole and absolute discretion otherwise (to be decided on a case by case basis), if you are a Business Customer, you shall not be entitled to cancel a Sales Order at any time once it has been placed and shall not be entitled to a refund. If, pursuant to this clause 12.2, we exercise our discretion on one occasion to refund any Sales Orders, this shall not guarantee or oblige us to refund any future Sales Orders.
CONSUMER CUSTOMER – CLAUSES 12.3 TO 12.11 (INCLSUIVE) SHALL ONLY APPLY TO CONSUMER CUSTOMERS AND SHALL NOT APPLY TO BUSINESS CUSTOMERS
12.3 If you are ending a contract for a reason set out at 12.3(a) to (e) 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 upcoming change to the product or these terms which you do not agree to (see clause 6.3);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) 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 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
12.4 If you are a Consumer Customer, then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
12.5 Your right as a consumer to change your mind does not apply in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(b) any products which become mixed inseparably with other items after their delivery.
12.6 As a Consumer Customer you have 14 days from the date of delivery to change your mind depending on what you have ordered and how it is delivered. If your Order is split into multiple deliveries, you have 14 days from the date you receive the last delivery.
12.7 If you wish to cancel the Order then you may write to us by phone, email or by post using the details specified in clause 2.2 and make a clear statement that you wish to cancel your Order. Alternatively, you may if you so wish, use our Model Cancellation Form (a copy of which is provided by way of a Schedule to these Terms and Conditions) and submit this to us by email or post. You are not obliged to use the Model Cancellation Form.
12.8 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 at the delivery address notified to you by us in writing or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 020 8428 9184 or email us at [email protected] for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
12.9 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) We will also reduce your refund by a return fee of £5 per box returned to cover the costs of your return (or such other cost as notified to you at the time of any requested return) and a charge of 20% to cover our restocking and storage costs for the returned Products.
(c) 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.
12.10 If you have any questions or complaints about the product, please contact us. You can contact us using the details specified in clause 2.2.
12.11 If you are a Consumer Customer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
12.12 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; or In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return as specified in clause 12.9(b).
12.13 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection as notified to you from time to time.
12.14 If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price as described in clause 12.9.
12.15 If you are a Consumer Customer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 12.8.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
13. Our Rights to terminate the Contract
CONSUMER CUSTOMER – CLAUSES 13.1 AND 13.2 SHALL ONLY APPLY TO CONSUMER CUSTOMERS AND SHALL NOT APPLY TO BUSINESS CUSTOMERS.
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery location; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you breach a term of these Terms and Conditions.
13.2 Subject to clause 13.3, if we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 You shall not be entitled to cancel an Order nor will you be entitled to any refund if:
(a) The Products are bespoke, tailored, personalised or customised Products;
(b) We have committed to ordering or supply bespoke, tailored, personalised or customised Products and/or have incurred a charge in respect of any tailored or customised Products;
(c) the Products are unsealed, damaged, used or the Products become otherwise mixed inseparably with other goods or items; and/or
(d) unseal Products that were supplied sealed which are then not suitable for return for health or hygiene reasons.
BUSINESS CUSTOMER – CLAUSE 13.4 SHALL ONLY APPLY TO BUSINESS CUSTOMERS AND SHALL NOT APPLY TO CONSUMER CUSTOMERS
13.4 Without affecting any other right or remedy available to us, we may terminate this agreement with immediate effect by giving written notice to you if:
(a) you are not a Business Customer;
(b) you commit a material breach of a term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 5 days after being notified to do so;
(c) you repeatedly breach any of the terms of this agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms and Conditions;
(d) you suspend, or threatens to suspend, payment of its debts or is unable to pay your debts as they fall due or admit your inability to pay your debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
(e) you commence negotiations with all or any class of your creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors;
(f) a petition is filed, a notice is given, a resolution is passed, or a Sales Order is made, for or in connection with the winding up;
(g) an application is made to court, or a Sales Order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over you (being a company, partnership or limited liability partnership);
(h) you suspend or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
(i) you fail to pay any amount due under this agreement on the due date for payment and remains in default not less than 5 days after being notified in writing to make such payment.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER CUSTOMER – YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE
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 contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products 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 for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage to your property: If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses: If you are a Consumer Customer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. Our responsibility for loss or damage suffered by you if you are a Business
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sums actually paid by you as at the date of any such claim under the terms of this agreement.
(a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
(b) 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.
16.2 Third Party Rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or, in the case of a Business Customer, their authorised representatives).
16.6 No Agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
16.7 Events outside of our control
(a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
(b) If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
(c) You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 2 months. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Products you have not already received and we will refund the price you have paid, including any delivery charges.
16.8 How we may use your Information (Data Protection)
16.10 If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
16.11 Jurisdiction and Governing Law
(a) For Consumer Customers only: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(b) For Business Customers only: If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.