Bullion Gold - Our Standard Terms and Conditions of Sale
Terms and Conditions of Sale
This page (together with our Privacy and Cookies Policy provides you with information about us and the legal terms and conditions (Terms) under which we sell silver, gold, platinum, palladium and jewellery products and any other products we offer for sale (Products) to you.
These Terms will apply to any orders for Products placed by you (Orders) and any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them before ordering any Products from us. 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 them.
These Terms, and any contract between us, are only in the English language. Please note we may not necessarily keep a copy of your contract and we may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to your Order. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time and ensure that you keep a hard copy of such Terms for your future reference.
In these Terms, where we refer to Investment Products, this means Products for which all or part of the price is dependent on fluctuations in the financial market and where we refer to Non-investment Products, this means Products for which the price does not depend on fluctuations in the financial market (although both types of Products may be purchased for investment purposes). If you are unsure if the Products that you wish to purchase are Investment Products or Non-investment Products, please contact us to confirm this before placing your Order. Please be aware that some of the terms and conditions which apply to sales of Investment Products (particularly those concerning cancellation of orders) are different to those which apply to Non-investment Products, as set out in these Terms.
1 Information about us
1.1 We operate www.chards.co.uk (the Website) and offer Products for sale to you. We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office at 32-36 Harrowside, Blackpool, FY4 1LY. Our VAT number is GB 157 0712 74.
1.2 To contact us, please see our Contact page or clause 17 of these Terms.
2 Our Products
2.1 The images of the Products and their packaging on our Website and in any of our other advertising materials (such as brochures and printed advertisements) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours, or the photographs of the colours in our advertising materials, accurately reflect the colour of the Products or their packaging. We cannot guarantee that you will get the exact Product or packaging pictured in those images. The images of Products or packaging used on the Website and in advertising materials may be generic images of a particular kind of Product but not of the specific Product purchased. Due to the nature of the Products we sell, Products of the same type and their packaging will vary and may be subject to imperfections. For example, the condition of certain Products may not be pristine, Products and packaging may be scuffed or scratched, and packaging (including presentation boxes and their lining) may be stained or discoloured. Products will be graded depending on their condition and images of Products may not display the exact Product or the grade of Product that you are purchasing. Please refer to the written description of the Product.
2.2 All Products shown on our Website and in our advertising materials are subject to availability.
2.3 We carry substantial stocks of many different types and quantities of Non-investment Products, however most trades in respect of Investment Products are done on the basis of stock which may be in transit to us, or which we have not yet bought. Please see clause 6.4 and clause 10.3 for further information.
3 How we use your personal information
We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read these documents as they include important terms which apply to you.
4 If you are a consumer
This clause 4 only applies if you are purchasing Products as a consumer (which means that you are not purchasing the Products in the course of your trade, business, craft or profession)
4.1 If you are a consumer you may only purchase Products from us if you are at least 18 years old.
4.2 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 purchasing Products as a business
5.1 If you are not a consumer and are purchasing Products in the course of a business, you confirm that you have authority to bind any business on whose behalf you purchase Products from us.
5.2 These Terms, our Privacy and Cookies Policy together constitute the entire agreement between you and us for the sale of Products and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the same.
6 Our contract with you
6.1 You may place Orders via the following methods:
(a) online through our Website; or
(b) over the telephone by calling us on 01253 343081; or
(c) in accordance with the steps set out in any one of our advertisements published in various printed media publications (Adverts).
6.2 If you place an Order, we will require you to provide certain personal information (which may include without limitation your full name or company name and address (as set out on identification documents issued by or on behalf of the relevant government), email address, telephone number, photograph and date of birth) so that we may ensure compliance with our legal obligations concerning identification of our customers (including those relating to anti-money laundering), protect against fraud and reduce credit risk, and contact you about your Order if required. This information should, where possible, be provided when you place your Order and in any event no later than the first working day after ordering. In these Terms, working days means Monday to Friday (excluding public holidays in England). We reserve the right to require proof of identification at any time for any reason (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here for further information about acceptable proof of identification).
6.3 When you submit an Order to us, you make an offer to us to purchase the Products at the price (including delivery costs) that we have notified to you pursuant to clause 7.1 and otherwise under these Terms. All Orders placed are subject to these Terms and by placing an Order, you agree to:
(a) comply with these Terms;
(b) pay the price of the Products and delivery charges for the Products;
(c) pay all bank charges arising from any payment you make to us in a foreign currency; and
(d) pay any Administration Fee that may become due under clause 9 in accordance with these Terms.
However, this does not mean that we have accepted your Order. The way in which we accept your Order depends on how your Order is made. Our acceptance of each type of Order will take place as described in clause 6.7 in respect of online Orders, clause 6.9 in respect of telephone Orders and clause 6.11 in respect of Orders in response to Adverts.
6.4 Please note that we do not hold all Products in stock and we may have to order Products specifically in order to fulfil your Order. Unless we have notified you that your Products are not in stock before you placed your Order (in which case please see clause 10.3), we will inform you if we are unable to supply you with the Products set out in your Order, and will not process your Order unless you instruct us to, and where you have already paid for the Products and do not wish to proceed with your Order we will refund you the full amount as soon as reasonably possible.
6.5 If we are unable to supply you with the Products set out in your Order at the price set out in your Order because of a pricing error, the process in clause 7.5 will apply.
6.6 Please take the time to read and check your Order at each page of the order process. Before submitting an Order through our Website, you will be required to tick a box to indicate your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
6.7 After you have placed an Order online, you should receive an e-mail from us acknowledging that we have received your Order (but please contact us if you do not receive this email). Please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us. We will confirm when your Order has been accepted by sending you an e-mail confirming that your Order has been accepted , at which point the contract between us for the supply of the Products will be formed.
6.8 When ordering over the telephone, we will read certain of these Terms to you and will inform you where you may find a full copy of these Terms. You will be required to accept these Terms before placing any Order with us by telephone. If you do not accept these Terms, you will not be able to order any Products from us over the telephone.
6.9 When you place an Order over the telephone, please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us. We will confirm when your Order has been accepted by sending you an e-mail or by notifying you over the telephone, confirming that your Order has been accepted, at which point the contract between us for the supply of the Products will be formed. If you have not received confirmation that your Order has been accepted within a reasonable time of ordering, please contact us.
Ordering Products from printed Adverts
6.10 If you wish to order any Products advertised for sale in an Advert, you should (and in the case of payment by credit card or debit card, must) call us to check the availability and price of the Products that you wish to purchase before sending any payment to us for such Products. If you call us to place an Order for such Products, clauses 6.8 and 6.9 shall apply.
6.11 All Orders are subject to acceptance by us. If you place an Order in response to an Advert and:
(a) you send payment for the Products that you wish to purchase via post without having first contacted us, then provided that in respect of Investment Products the price of the Products has not increased from that set out in the Advert, we will confirm when your Order has been accepted by sending you an e-mail confirming or by notifying you over the telephone that your Order has been accepted, at which point the contract between us for the supply of the Products will be formed;
(b) if the price of any Investment Product has increased from that set out in the Advert, we will contact you to check whether you would like to proceed with your Order at the correct higher price. If you would like to proceed, we will confirm when your Order has been accepted by sending you an e-mail or by notifying you over the telephone, confirming that your Order has been accepted. If we do not obtain your agreement to proceed within 3 working days of receiving your Order, we will cancel your Order and return or refund any payments made by you (as appropriate) as soon as reasonably possible; and
(c) if you have not received confirmation that your Order has been accepted within a reasonable time of ordering, please contact us.
7.1 The prices of our Products will be:
(a) in respect of Orders placed through our Website, the price quoted on our Website, provided that in the case of Investment Products, payment and personal information is received by the applicable deadline;
(b) in respect of Orders placed over the telephone, the price quoted by us to you during that telephone call, provided that in the case of Investment Products, payment and personal information is received by the applicable deadline; and
(c) in respect of Orders placed in response to Adverts, the price set out in that Advert, provided that in the case of Investment Products the price has not changed between the date on which the Advert is printed and the date on which we receive your Order (in which case clause 6.11(b) shall apply) and payment and personal information is received by the applicable deadline.
The price of Investment Products is dependent on market fluctuations in price and if payment or any required personal information is not received by the applicable deadline, the price of the Investment Product may increase according to market fluctuations, in which case, clause 9 shall apply.
7.2 Prices for our Products may change from time to time. Except as set out in in these Terms, changes will not affect any Order which we have accepted in accordance with these Terms.
7.3 The price of a Product does not include delivery charges but is stated inclusive of any VAT that may be payable.
7.4 For deliveries in the UK, our standard method of delivery for Orders with a value of less than £60 is Royal Mail second class mail but you may select Royal Mail Special Delivery for such orders at an additional cost. All Orders with a value of £60 and above are sent by Royal Mail Special Delivery, or by Royal Mail International Tracked and Signed for delivery destinations outside of the UK. Further information about our delivery charges is set out during the online order process, in our Adverts, and in respect of telephone Orders, will be notified to you over the telephone (as applicable).
7.5 We take all reasonable care to ensure that the prices of Products are correct at the time at which they are provided. However, we supply a wide range of Products and it is always possible that, despite our reasonable efforts, the price we provide to you in respect of some of our Products may be incorrect. It is also possible that when paying for your Products you may pay the wrong amount. The following provisions shall apply where we discover an error in the price of any Product that you have ordered when processing your Order.
Our pricing error
(a) If a Product’s correct price is higher than the price stated to you, 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 higher price or cancelling your Order. We will not take any further steps to 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. If you have paid any part of the price of the Product but we are unable to contact you to take your further instructions, we will refund such sums to you as soon as reasonably possible.
(b) If we accept an Order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing, we may end the contract with you, refund to you any sums you have paid under the contract and required the return of any Products supplied to you under that contract.
Your pricing error
(c) If we have quoted the correct price to you and a contract between us for the supply of the Products has been formed, but when paying the price you have paid an amount less than the quoted price, you must make payment of the remainder due by the deadline we notify to you. Your Product will not be delivered until such outstanding amount is received in cleared funds. If you do not pay such amount due within this time, clause 9.1 will apply .
This clause 7.5 only applies to pricing errors. Where prices have changed because of your late payment, clause 9 shall apply.
8.1 We accept payment by the following methods:
(a) cash (subject to your compliance with all requirements of applicable anti-money laundering legislation, further details of which are set out in clause 8.2);
(c) bank draft or postal order;
(d) bank transfer (our bank details are available upon request), except for Orders placed by post in response to Adverts; and
(e) credit card or debit card.
Internet access is required for credit card and debit card payments. Please note that credit or debit cards issued outside of the UK may not be accepted by the relevant banks and we will contact you if your payment by debit card or credit card is rejected. Credit card payments are currently subject to a maximum spend of £500 per transaction and a transaction fee of 3% of the price of your Order. For further information regarding methods of payment, please contact us before placing your Order.
8.2 Pursuant to EU and UK anti-money laundering laws, we do not accept more than €15,000 in cash from any person and other persons connected to them (including without limitation their partner, parents, siblings and friends) in any five year period.
8.3 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency or from a bank account which is not a pounds sterling account, you shall be responsible for paying all charges and fees incurred by you or us as a result of your payment in a foreign currency or from such account.
8.4 The procedure for payment for Products ordered will depend upon the method by which you place your Order, as set out below:
(a) If you place an Order through our Website, you must select the appropriate box during the online Order process to indicate your chosen method of payment.
(b) If you place an Order over the telephone, you must notify us of your chosen method of payment when placing your Order.
(c) If you place an Order in response to an Advert, you must notify us of the method of payment on your order form.
8.5 The time period in which you are required to make payment will depend upon how you place your Order and your preferred method of payment, as follows:
(a) Payments by cash, cheque, bank draft, postal order or bank transfer must be sent on the day of ordering in respect of any Order that is placed via our Website or over the telephone. Cash, cheques, bank drafts and postal orders must be sent by pre-paid first class post or other next working day delivery service on the day of ordering.
(b) If you place an Order through our Website and elect to pay by credit card or debit card, payment must be made at the time of your Order.
(c) If you place an Order over the telephone and elect to pay by credit card or debit card, we will send you an email containing a link to our online payment gateway (although please contact us if you do not receive this email within 2 hours of placing your Order) and you must make payment on the day on which you receive this e-mail. For the purposes of this clause, emails are deemed to have been received on the date that they are sent to you.
8.6 If you place an Order by post in response to an Advert, cash, cheques, bank drafts and postal orders should be enclosed in the envelope with the Order (but you may not pay by bank transfer). We will not accept an Order received by post, and a contract for the supply of Products will not be formed, unless we have received payment.
9 Late payment, late supply of information and administration fees
9.1 If payment is not made in accordance with the applicable deadline set out in clause 8.5 or 8.6, or if the personal information required under clause 6.2 is not provided by the relevant deadline:
(a) we may charge you an administration fee of 1% of the price of the Product(s) (subject to a minimum fee of £10 and a maximum fee of £500) (Administration Fee) to cover our administrative costs incurred as a result of you breaking the contract by failing to make payment or provide your personal information by the relevant deadline. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged. The Administration Fee shall be payable regardless as to whether or not we have accepted your Order; and
(b) we may, in our sole discretion, cancel your Order (but you shall still be liable to pay any Administration Fee that has been incurred in respect of the relevant Order); or
(c) if we do not cancel your Order, we may give you a new deadline to make payment and/or provide your personal information (and this clause 9.1 shall apply if you fail to meet such extended deadline).
9.2 If payment is not made in accordance with the applicable deadline set out in clause 8.5 or 8.6, or if the personal information required under clause 6.2 is not provided by the relevant deadline and we cancel your Order, you may submit a new Order, but if the price of the Products has changed since your original Order then you will be charged the new price of such Products .
9.3 We reserve the right to take legal action against you to enforce these Terms. If we have accepted your Order and you fail to make payment or provide personal information by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result of you breaking your contract and we reserve the right to deduct such amounts from any refund payable to you.
9.4 If you do not pay any Administration Fee or other money due or provide any personal information required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future until all such money due to us is paid or personal information required is supplied by you.
10.1 The time for delivery will depend on whether we hold the Product(s) you have ordered in stock. We will normally dispatch Products within two working days of receipt of the full price of the Products in cleared funds and all paperwork required by us to process your Order where we have such Products in stock. We may be able to make certain Products available before this time, if requested by you, subject always to stock and market factors, but this may incur a premium price or stricter payment terms, which we will notify you of prior to placing your Order.
10.2 If you choose to pay by cheque, we usually provide for one week for UK cheques to clear and at least 8 working days for all other cheques to clear (although in some circumstances clearance can take weeks or months) before dispatching the Products, although we may, acting in our absolute discretion and where we hold the relevant Products in stock, reduce this period.
10.3 We try to ensure only Products that we hold in stock are shown as ‘in stock’ on our Website and in our systems, but we cannot guarantee the accuracy of our Website and our systems in this respect. If we do not have your Products in stock or if you have pre-ordered Products that have not yet been released, we will inform you of this and will deliver your Products as soon as reasonably practicable following receipt of the Products from our suppliers. Please be aware that we sometimes order Investment Products from our suppliers in bulk. This means that if we do not have the Investment Product(s) that you have ordered in stock, we may delay in ordering them from our suppliers until we have received a sufficient number of orders for the same Investment Products from other customers to enable us to place a bulk order. Where you have placed an Order for second hand Non-investment Products that we do not have in stock, we will be unable to supply the same to you until such Products become available on the market (if at all ). In each of these circumstances, there may be a substantial delay to the delivery of the Products you have ordered (in some cases exceeding six months). If we are unable to meet the standard dispatch times referred to in clause 10.1 and 10.2 or we consider that we may not be able to deliver your Products within 30 days of our acceptance of your Order, because they are out of stock, or due to any of the circumstances set out in this clause 10.3, or due to any Event Outside Our Control (as defined in clause 16.2), we will let you know as soon as possible (either when you place your Order or after this time using the contact details provided by you during the order process) and will provide as much information to you as is reasonably possible in respect of an estimated dispatch date.
10.4 Dispatch dates and any delivery dates provided are estimates only and time shall not be of the essence.
10.5 If you notify us that you wish to delay the delivery of your Products for any reason before they are dispatched, we may at our discretion (and without affecting clause 10.7) agree to store your Products for you but a storage fee may be payable, the amount of which may depend on the length of storage but we will inform you of such storage fee when you ask to delay delivery.
10.6 Where Products are delivered through Royal Mail where a signature is required upon delivery and you are not available to accept delivery, Royal Mail’s terms in respect of such delivery shall apply which may result in your Products being returned to your local Royal Mail sorting office and/or being returned to us upon failure to collect the Products within a specified time. If your Products are returned to us in these circumstances, you will be charged an additional delivery fee (at our standard delivery for that Product) for resending the Products to you.
10.7 The Products will be your responsibility from the completion of delivery. If you are a consumer, delivery will be completed when the Products come in to your physical possession or the physical possession of a person nominated by you to accept delivery on your behalf. If you are not a consumer, delivery will be completed when we deliver the Products to the delivery address provided by you.
10.8 If you have not received your Products by the estimated delivery date, please contact us to let us know immediately. If there is a problem with the delivery of your Products, we will provide you with a revised delivery date .
10.9 You will own the Products once you receive the confirmation of our acceptance of the Order, we have received the Products from our supplier, we have received payment in full in cleared funds and we have received all the documents required under clause 6.2 in respect of your Order .
11 International Delivery
11.1 If you would like to order Products to be delivered to a destination outside of the United Kingdom, please contact us before placing your Order.
11.2 Certain countries do not allow money to be sent through their postal networks . We cannot accept liability for loss or damage to money Products sent to such International Delivery Destinations. If you are ordering money Products for delivery to an International Delivery Destination, please check whether the posting of your Products to that destination is permitted before placing your Order.
11.3 If you order Products for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination and/or may be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import on the Products you have ordered and attempted to import into that International Delivery Destination. Please note that we have no control over these charges and we cannot predict their amount and we do not make any representations or guarantees in respect of whether you will be permitted to import the Products into any territory. You will be responsible for payment of any such import duties and taxes and for determining whether any restrictions on import are in place and applicable. Please contact your local customs office for further information before placing your Order.
11.4 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 Consumer right of return and refund
12.1 If you purchase Non-investment Products as a consumer through any of the methods set out in clause 6.1 and you reside in the EU, you have a legal right to cancel your Order (to the extent it relates to Non-investment Products only) during the period set out below in clause 12.2. This means that during the relevant period, if you change your mind, you can notify us that you wish to cancel your Order for Non-investment Products and receive a refund. This right only applies if you are a consumer based in the European Economic Area (EEA) who has purchased Non-investment Products. This right does not apply to purchases of Investment Products, any Products purchased by businesses, any Products purchased on our premises or any Products purchased by any person outside the EEA.
12.2 The period in which you may cancel your Order under clause 12.1 will expire at the end of fourteen (14) days after the day on which you acquire, or a third party indicated by you to accept delivery on your behalf (other than our nominated carrier through whom we deliver the Product to you) acquires, physical possession of the Non-investment Products. To exercise this cancellation right, you must inform us that you wish to cancel your Order. You can inform us of your decision to cancel your Order over the telephone on +44 (0)1253 343081, by post at 32-36 Harrowside, Blackpool, FY4 1RJ, England or by e-mailing us at firstname.lastname@example.org. You may also use the model cancellation form which is set out at the end of these Terms, but it is not obligatory.
12.3 If you have cancelled your Order for Non-investment Products, you will be responsible for the direct cost of returning the Non-investment Products to us (all such returns to be sent to us at 32-36 Harrowside, Blackpool, FY4 1RJ, England) (unless you are returning the Products because they are faulty or not as described, in which case, clause 13 shall apply). Where you have cancelled your Order for any Non-investment Products, you must return such Non-investment Products within fourteen (14) days from the day on which you inform us that you wish to cancel your Order. We recommend that you return your Products by secure, recorded delivery and insure the Products for their full replacement value. Returned Products must not be altered, resized or tampered with in any manner.
12.4 If you exercise your right to cancel your Order for Non-investment Products in accordance with this clause 12, you will receive a full refund of the price you paid for the relevant Non-investment Products, including the delivery charges paid by you for delivering the Non-investment Products to you, except that if you chose a method of delivery which was more expensive than the standard delivery option offered by us for the relevant Product, you will only receive a refund of the amount of the standard delivery charge for that Product. We may reduce the amount of the refund to take account of any loss in value of the Products resulting from unnecessary handling of the Products by you. You are only liable for any diminished value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
12.5 We will provide refunds due under this clause 12 using the same method of payment that you used to pay for the Products, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
12.6 We will process the refund due to you as soon as possible and, in any case:
(a) within fourteen (14) days from the day we receive the relevant Products; or
(b) (if earlier) fourteen (14) days after the day you provide evidence that you have returned the relevant Products; or
(c) if the Products had not yet been dispatched, fourteen (14) days after the day on which you inform us of your decision to cancel the Order in accordance with this clause 12.
13 Faulty Products
13.1 If we accept your Order and you are a consumer, we will be under a legal duty to supply Products that are in conformity with your Order as accepted by us and these Terms. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2 If you consider that any Product is faulty or mis-described, please notify us immediately. You must return such Products to us as soon as reasonably practicable in accordance with our reasonable instructions. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. If you have returned any Products (whether Non-investment Products or Investment Products) to us because they are faulty or mis-described, we will inspect the Products and if found to be faulty, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
13.3 We will process the refund due to you within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or mis-described Product.
14 Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
14.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
15 Our liability if you are a business
This clause 15 applies if you are a business.
15.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other type of liability that may not be excluded or limited by applicable law.
15.2 Subject to clause 15.1, 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 your Order for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill or reputation; or
(f) any indirect or consequential loss.
15.3 Subject to clauses 15.1 and 15.2, our total liability to you in respect of all other losses arising under or in connection with your Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased under that Order.
15.4 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.
16 Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action (but not by our own staff), 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 a supplier, 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.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms 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.
16.4 You may cancel an Order affected by an Event Outside Our Control if there is a risk that it may cause substantial delay.
17 Communications between us
17.1 If you are a consumer and you have any complaints or wish to contact us for any reason, you can contact us by telephone on +44 (0)1253 343081, by e-mail at email@example.com or by pre-paid post at 32-36 Harrowside, Blackpool, FY4 1RJ, England.
17.2 If you are a consumer and we have to contact you or give you notice in writing, we will do so by e-mail, telephone or by pre-paid post using the contact details you provide to us in your Order.
17.3 If you are a consumer and you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
17.4 If you are a business:
(a) any notice or other communication given by you to us, or by us to you, under or in connection with your Order shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, sent by airmail, sent by e-mail, or (in respect of notice to be given by us to you only) posted on our Website.
(b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at the recipient’s registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting to the recipient’s registered office; if sent by airmail, at 9.00am on the fifth working day after posting; if sent by e-mail, one working day after transmission; or, if posted on our Website, immediately.
(c) in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the correct e-mail address and that no delivery failure notification was received.
The provisions of this clause 17.4 shall not apply to the service of any proceedings or other documents in any legal action.
17.5 When we use the words writing or written in these Terms, this includes e-mails.
18 Other important terms
18.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or the obligations owed to you under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 Any agreement under these Terms 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.
18.4 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.
18.5 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.
18.6 If you are a consumer, please note that these Terms and any agreement incorporating them are governed by English law. This means each Order for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Order or their subject matter. However, nothing in these Terms will limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
18.7 If you are a business, these Terms and any agreement incorporating them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
Distance Selling Act
Financial Services Regulations