Tersus Niteo website terms and conditions

This page (together with our Terms of Website Use and Website Acceptable Use Policy 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 before placing an order you will be asked to agree to these Terms. 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 8. 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 were most recently updated on 15th June 2015.

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

1.   Information About Us

1.1   We operate the website www.tersus-niteo.co.uk . We are Tersus Niteo Limited, a company registered in England and Wales under company number 08848963 and with our registered office at 14 Burners Lane, Kiln Farm, Milton Keynes, MK11 3HB. Our VAT number is GB 186 9733 48.

1.2   Contacting us if you are a consumer:

1.2.1   To cancel a Contract in accordance with your legal right to do so as set out in clause 9, 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 www.tersus-niteo.co.uk on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at sale@tersus-niteo.co.uk or contact our Customer Services team by telephone on 0800 197 4823. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.

1.2.2   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 0800 197 4823 or by e-mailing us at sale@tersus-niteo.co.uk.

1.2.3   If we have to contact you or give you notice in writing, we will do so by e-mail.

1.2.4   Contacting us if you are a business. You may contact us by telephoning our customer service team at 0800 197 4823 or by e-mailing us at sale@tersus-niteo.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.

2.   Our Products

2.1   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 your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2   The packaging of the Products may vary from that shown on images on our site.

3.   Use of Our Site

Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4.   How We Use Your Personal Information

We only use your personal information in accordance with our Privacy Policy www.tersus-niteo.co.uk Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.   If You Are a Consumer

This clause 5 only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

6.   If You Are a Business Customer

This clause 6 only applies if you are a business.

6.1   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.

6.2   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.

6.3   You acknowledge and agree 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

6.4   You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7.   How the Contract Is Formed Between You and Us

7.1   Our shopping pages will guide you through the steps you need to take to place an order with us. 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.

7.2   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 7.3.

7.3   We will confirm our acceptance to you by sending you an e-mail (“Confirmation“). The Contract between us will only be formed when we send you the Confirmation.

7.4   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.

8.   Our Right to Vary These Terms

8.1   We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

8.2   Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3   We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

8.4   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.

9.    Your Consumer Right of Return and Refund

This clause 9 only applies if you are a consumer.

9.1   If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that 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.

9.2   Your legal right to cancel a Contract starts from the date of the 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 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.

9.3   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 www.tersus-niteo.co.uk on our website. If you use this method we will e-mail you to confirm we have received your cancellation.

You can also e-mail us at sale@tersus-niteo.co.uk or contact our Customer Services team by telephone on 0800 197 4823. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.

9.4   If you cancel your Contract we will:

9.4.1   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. See our Returns page www.tersus-niteo.co.uk for information about what handling is acceptable and examples. 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.

9.4.2   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.

9.4.3   make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

9.4.3.1   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 9.6;

9.4.3.2   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.

9.5   If you have returned the Products to us under this clause 9 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.

9.6   We will refund you on the credit card or debit card used by you to pay.

9.7   If a Product has been delivered to you before you decide to cancel your Contract:

9.7.1   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 by sending it back to 14 Burners Lane, Kiln Farm, Milton Keynes, MK11 3HB;

9.7.2   unless the Product is faulty or not as described (in this case, see clause 9.5), 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;

9.8   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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.     Delivery and storage

10.1   We will contact you with an estimated delivery date, which will be within [30] days after the date of the 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 18 for our responsibilities when this happens.

10.2   Delivery of an Order shall be completed when we deliver the Products to the address you gave us (“Delivery Location”) and the Products will be your responsibility from that time.

10.3   We shall ensure that each delivery of the Products is accompanied by a delivery note which shows the date of the order, all reference numbers, the type and quantity of the Products (including the code number of the Products, where applicable) and special storage instructions (if any).

10.4   Delivery of the Products in the United Kingdom shall be completed on the Products’ arrival at the Delivery Location.

10.5   Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

10.6   If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement Products of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

10.7   After taking delivery of any of our Products, you are solely responsible for correctly storing and/or further transportation of the Products in accordance with the guidelines given in our product material and safety data sheets (“MSDS“) Provided with the product). In addition, the MSDS for each product is available from us and can be requested by phoning 0800 197 4823 or by emailing us at sale@tersus-niteo.co.uk. We reserve the right to amend our MSDS at any time in accordance with our health and safety responsibilities. It remains your sole responsibility to avail yourself of the latest MSDS that pertains to the Products you are purchasing.

10.8   You own the Products once we have received payment in full, including all applicable delivery charges.

This clause 10.9 only applies if you are a consumer.

10.9   If we miss the 30-day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

10.9.1   we have refused to deliver the Products;

10.9.2   delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

10.9.3   you told us before we accepted your order that delivery within the delivery deadline was essential.

10.10   If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.9, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

10.11   If you do choose to cancel your Order for late delivery under clause 10.10 or clause 10.11, 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 Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

11.   International Delivery

11.1   We deliver to the countries listed on this page www.tersus-niteo.co.uk (“International Delivery Destinations“). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

11.2   If you order Products from our site 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. Please note that we have no control over these charges and we cannot predict their amount.

11.3   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.

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.   Price of Products and Delivery Charges

12.1   The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.

12.2   Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

12.3   The price of a Product includes VAT (where applicable) 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.

12.4   The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page www.tersus-niteo.co.uk

12.5   Our site contains a 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:

12.5.1   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

12.5.2   if the Product’s correct price is higher than the price stated on our site, we will contact you in writing 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.   How to Pay

13.1   You can only pay for Products using a debit card or credit card. You can also use Paypal. We accept the following cards: VISA; MAESTRO;MASTERCARD;AMERICAN EXPRESS.

13.2   Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

14.   Title and Risk

This clause 14 only applies if you are a business.

14.1   The risk in the Products shall pass to you on completion of delivery.

14.2   Title to the Products shall not pass to you until the earlier of:

14.2.1   we receive payment in full (in cash or cleared funds) for the Products and any other Products that we has supplied to you in respect of which payment has become due, in which case title to the Products shall pass at the time of payment of all such sums; and

14.2.2   you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 14.4. In the event you resell the Products, the price of the resell shall not be more than 20% lower than the recommended retail price of the Product. www.tersus-niteo.co.uk

14.3   Until title to the Products has passed to you, you shall:

14.3.1   store the Products separately from all other Products held by you so that they remain readily identifiable as our property;

14.3.2   not remove, deface or obscure any identifying mark or packaging on or relating to the Products;

14.3.3   maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

14.3.4   notify we immediately if it becomes subject to any of the events listed in clause 15.2; and

14.3.5   give we such information relating to the Products as we may require from time to time.

14.4   Subject to clause 14.5, you may resell or use the Products in the ordinary course of its business (but not otherwise) before we receives payment for the Products. However, if you resell the Products before that time:

14.4.1   you do so as principal and not as our agent; and

14.4.2   title to the Products shall pass from us to you immediately before the time at which resale by you occurs.

14.5   If before title to the Products passes to you, you become subject to any of the events listed in clause 15.2, then, without limiting any other right or remedy we may have:

14.5.1   your right to resell the Products or use them in the ordinary course of its business ceases immediately; and

14.5.2   we may at any time:

14.5.2.1   require you to deliver up all Products in its possession which have not been resold, or irrevocably incorporated into another product; and

14.5.2.2   if you fails to do so promptly, enter any premises of you or of any third party where the Products are stored in order to recover them.

15.   Termination and Suspension

This clause 15 only applies if you are a business.

15.1   If you become subject to any of the events listed in clause 15.2, we may terminate the Contract with immediate effect by giving written notice to you.

15.2   For the purposes of clause 15.1, the relevant events are:

15.2.1   you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admits inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

15.2.2   you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;

15.2.3   (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up;

15.2.4   (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;

15.2.5   (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;

15.2.6   a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;

15.2.7   (being an individual) you are the subject of a bankruptcy petition or order;

15.2.8   your creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

15.2.9   any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.2.1 to clause 15.2.6 (inclusive);

15.2.10   you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of its business;

15.2.11   your financial position deteriorates to such an extent that in the our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and

15.2.12   (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

15.3   Without limiting its other rights or remedies, we may suspend provision of the Products under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 15.2.1 to clause 15.2.12, or we reasonably believes that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.

15.4   On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.

15.5   Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.

15.6   Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

16.   Our Liability If You Are a Business

This clause 16 only applies if you are a business customer.

16.1   We only supply the Products for use by your business.

16.2   Nothing in these Terms limits or excludes our liability for:

16.2.1   death or personal injury caused by our negligence;

16.2.2   fraud or fraudulent misrepresentation;

16.2.3   breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

16.2.4   defective products under the Consumer Protection Act 1987.

16.3   Subject to clause 16.2, 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:

16.3.1   any loss of profits, sales, business, or revenue;

16.3.2   loss or corruption of data, information or software;

16.3.3   loss of business opportunity;

16.3.4   loss of anticipated savings;

16.3.5   loss of goodwill; or

16.3.6   any indirect or consequential loss.

16.4   Subject to clause 16.2, our total liability to you in respect of all 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 the price of the Products.

16.5   You acknowledge and agree that we are not responsible for any claim(s) arising from the misuse of our Products or for any use that is contrary to the advice given in our product material and safety data sheets (“MSDS“). The MSDS are available from us and can be requested by phoning 0800 197 4823 or by emailing us at compliance@tersus-niteo.co.uk. We reserve the right to amend our MSDS at any time in accordance with our health and safety responsibilities. It remains your sole responsibility to avail yourself of the latest MSDS that pertains to the Products you are purchasing.

16.6   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.

17.   Our Liability If You Are a Consumer

This clause 17 only applies if you are a consumer.

17.1   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 is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

17.2   We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3   We do not in any way exclude or limit our liability for:

17.3.1   death or personal injury caused by our negligence;

17.3.2   fraud or fraudulent misrepresentation;

17.3.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

17.3.4   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); and

17.3.5   defective products under the Consumer Protection Act 1987.

18.   Events Outside Our Control

18.1   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 18.2.

18.2   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, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors 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.

18.3   If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

18.3.1   we will contact you as soon as reasonably possible to notify you; and

18.3.2   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.

18.4   You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 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.

19.   Communications Between Us

19.1   When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2   If you are a consumer you may contact us as described in clause 1.1.

19.3   If you are a business:

19.3.1   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 or e-mail.

19.3.2   A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

19.3.3   In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20.   Other Important Terms

20.1   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.

20.2   You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3   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

20.4   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.

20.5   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.

20.6   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.

20.7   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.

20.8   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).