Soft Furnishings Terms & Conditions
OUR TERMS FOR THE SUPPLY OF GOODS AND SERVICES RELATING TO SOFT FURNISHINGS
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods (such as soft furnishings) or services (such as installation and repair of window dressings, and measuring up). When we use the word “product” or “products” in these terms, this refers to the goods and/or services you have asked us to supply.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are:
• an individual; and
• 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 this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have 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 you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our contract.
2 Information about us and how to contact us
2.1 Who we are. We are Violet and George Limited, a company registered in England and Wales. Our company registration number is 06747825 and our registered office is at 57 St Helens Gardens, London, W10 6LN. Our registered VAT number is 942609907.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 8969 0654 or by writing to us at firstname.lastname@example.org or to 57 St Helens Gardens, London, W10 6LN.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 Our quotation. Any quotation we give to you (whether given in writing (including email) or by telephone) is not an offer by us to supply products to you, and is only valid for a period of 30 calendar days from its date of issue.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product and refund any payment you have made pursuant to clause 14.3. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4 Our products
4.1 Provision of on-site measuring. If you ask us to visit your premises to provide on-site measuring services, this clause 4.1 will apply:
4.1.1 you shall ensure that the area to be measured is in such state as is necessary (or in our reasonable opinion, desirable) to receive the final product you have asked us (or intend to ask us) to supply, and that all building work is completed to a high enough level to enable us to take accurate measurements;
4.1.2 if the premises are under construction, you acknowledge that we will only take measurements on-site once the premises are at the second fix stage and the area to be measured is in the state referred to in clause 4.1.1, and that clear and safe access to such area is available;
4.1.3 if there is an alteration to the area to be measured because of an error by you (or on your behalf) or because of a change in or to the build of the premises, then you must tell us as soon as possible. We may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. If this occurs, we will not be responsible for supplying the products late or not supplying any part of them as a result; and
4.1.4 the price given in any quotation we give to you pursuant to clause 3.1 includes us providing you with one on-site visit to measure up and one subsequent on-site visit to check the measurements. If you would like us to provide any further on-site visits, take further measurements or amend any quotation we have already provided, we will make an additional charge for doing so, on the basis of our hourly rate of £90 per hour (inclusive of VAT).
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given to us, you are responsible for ensuring that these measurements are correct. If there is an alteration to the measurements you have provided, then you must tell us as soon as possible. We may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. If this occurs, we will not be responsible for supplying the products late or not supplying any part of them.
4.3 Fabric supply and order making. If we are making the product using fabric and trims which you supply to us (or which are supplied to us on your behalf), this clause 4.3 will apply:
4.3.1 you must supply (or require your fabric company to supply) all fabric rolled on tubes, with no more than one fabric per tube. We will use our reasonable care and skill to remove creases in fabric which you supply, but do not guarantee that we will be able to do so;
4.3.2 you are responsible for ensuring that:
(a) the correct fabric (including its design, colour and volume) is supplied;
(b) the fabric and trims are suitable for the products you have asked us to supply; and
(c) you carry out satisfactory quality inspections and checks prior to despatching the fabric and trims to us. We will use our reasonable efforts to inspect fabric and trims as soon as possible following their receipt, but do not guarantee that we will be able to do so;
4.3.3 you are responsible for the quality of the fabrics and trims supplied, and we will not be responsible for:
(a) shrinkage to curtains that have been steamed or exposed to varying humidity;
(b) the present or future behaviour of the fabric or trims, such as wearing and deterioration, stretching, shrinking, staining, ease of cleaning, or fading; and/or
(c) flaws in the fabric and/or trims.
5 Your rights to make changes
5.1 If you wish to make a change to the product you have ordered or you wish to discuss or amend any quotation at any time, or require any additional on-site visits, please contact us.
5.2 We will let you know if the change, amendment or on-site visit 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. We may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result of your requests.
6 Our rights to make changes
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and / or to implement minor technical adjustments and improvements. These changes may impact aesthetically but will not affect your use of the product.
7 Providing the products
7.1 Delivery and installation costs. The costs of delivery (and installation, where applicable) will be as provided in our quote, or told to you over the telephone, in the course of our email exchanges or otherwise during the order process.
7.2 When we will provide the products. During the order process we will let you know when we will provide the goods to you and install them (where applicable), and when we will begin the services, and the estimated date for their completion. Our lead time for the provision of bespoke products is up to six working weeks from the date of receipt of the fabrics.
7.3 Your obligations regarding delivery and installation. If we have agreed to deliver and (where applicable) install the products at your premises, you agree:
7.3.1 to provide at your own cost, such equipment and assistance as we may reasonably ask you to, to assist us to unload and deliver the products to your premises;
7.3.2 that if we (or our representative) attend your premises, either for the purpose of installing the products or preparing the premises for installation, and the premises are not, in our reasonable opinion, in a state which is suitable for the goods or services you have asked us to provide, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. If this occurs, we will not be responsible for supplying the products late or not supplying any part of them; and
7.3.3 that any equipment we supply in delivering the products, including roll cages and pallets, shall at all times be owned by us. You must keep such equipment at your premises safely at your own risk, and in good condition until they are returned to us, and you must not dispose of them or use them unless we give you our written permission to do so.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am to 5pm on weekdays (excluding public holidays).
7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
7.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract and clause 10.2 will apply.
7.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.9 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.10 When you own goods. You own a product which is goods once we have received payment in full in cleared funds.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been told to you over the telephone or in the course of our email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or 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.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.12.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. We will also suggest alternative products for you to the suspended product, and will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of the suspension, and ask you to confirm whether you wish to go ahead with the alternative product. We will also adjust the price so that you do not pay for products while they are suspended. If you do not wish to go ahead with the alternative product, you may contact us to end the contract for that product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.7).
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 if you are a consumer and you bought the product from us exclusively through an exchange of emails or via our website, and have just changed your mind about it, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4 in all other cases, see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to 8.2.5 below, our 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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clauses Error! Reference source not found. and 14.2);
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, and you do not wish to receive any suggested alternative (see clause 7.13); or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer and you bought the product exclusively at a distance (as described in clause 8.1.3).
8.3.1 Right to change your mind. If you are a consumer then for most products bought exclusively over the telephone or by exchange of emails, you have a legal right to change your mind within 14 days and receive a refund. These rights, given by the Consumer Contracts Regulations 2013, are explained in more detail in clauses 8.4 and 8.5. If you are a business, or you are a consumer who initially visited our showroom or for whom we carried out a site visit, clause 8.3 does not apply.
8.3.2 When you do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) goods which are made to your specifications or are clearly personalised;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
8.3.3 How long do you have to change your mind? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) if you have bought services (for example, repair services), you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if this period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind;
(b) if you have bought goods (for example, cushions, throws or non-bespoke rugs), you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days (in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery).
8.4 Ending the contract where we are not at fault and there is no right to change your mind. In these circumstances, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 How to end the contract with us.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 phone or email: call customer services on +44 (0)20 8969 0654 or email us at email@example.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
9.1.2 online: complete the form available on our website at https://violetandgeorge.com/model-cancellation-form-for-consumer-customers/
9.1.3 by post: complete the form available online to print off at https://violetandgeorge.com/model-cancellation-form-for-consumer-customers/ and post it to us at the address on the form. Or simply write to us at 57 St Helens Gardens, London, W10 6LN, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post the goods back to us at 57 St Helens Gardens, London, W10 6LN or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on+44 (0)20 8969 0654 or email us at firstname.lastname@example.org 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.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or mis-described; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. 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.
9.5 How we will refund you. 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 set out in clause
9.6 We may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are a consumer exercising your right to change your mind:
9.6.1 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.
9.6.2 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.
9.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
9.7.1 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 9.2; and
9.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10 Our rights to end the contract
10.1 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 you do not:
10.1.1 make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (as required by clause 7.10);
10.1.3 within a reasonable time, allow us to deliver the products to you or collect them from us; or
10.1.4 within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
11 If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)20 8969 0654 or write to us at email@example.com or 57 St Helens Gardens, London, W10 6LN.
12 Your rights in respect of defective products if you are a consumer
12.1 Our legal duty. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)20 8969 0654 or email us at firstname.lastname@example.org to arrange collection.
12.3 Our after sales care.
12.3.1 If you require any further on-site visits for adjustments of the products or any other after sales care, please contact us. You can telephone our customer service team at +44 (0)20 8969 0654 or write to us at email@example.com or 57 St Helens Gardens, London, W10 6LN.
12.3.2 For a period of six calendar months from the day we complete delivery and installation of the products, or complete the services, we will provide such further on-site visits free of charge. After that period, we will make an additional charge for doing so, on the basis of our hourly rate of £90 per hour (inclusive of VAT).
13 Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (“warranty period”), any products which are goods shall:
13.1.1 conform in all material respects with their description and any relevant specification;
13.1.2 be free from material defects in design, material and workmanship;
13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
13.1.4 be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
13.2.1 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 13.1;
13.2.2 we are given a reasonable opportunity of examining such product; and
13.2.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
13.3.1 you make any further use of such product after giving a notice in accordance with clause 13.2.1;
13.3.2 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;
13.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
13.3.4 you alter or repair the product without our written consent; or
13.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14 Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out in our quotation (if still valid), or otherwise told to you over the telephone, in these terms and conditions, or in the course of our email exchanges. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.2 for situations in which the price of the product you order may change, and clause 14.4 for what happens if we discover an error in the price of the product you order.
14.2 Changes to the price of the product. As we informed you over the telephone, in these terms and conditions, or in the course of our email exchanges, there may be changes to the final price of the product which we may need to make to reflect:
14.2.1 any measurements you ask us to take after our initial quotation; and/or
14.2.2 any request you make to us to make the product bespoke,
and if we do so, we will notify you and you may then contact us before the changes take effect, to end the contract and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
14.3 We will pass on changes in the rate of VAT and currency exchange rates.
14.3.1 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.
14.3.2 If the rate of currency exchange changes (where we source products or parts thereof from outside of the UK) between your order date and the date we supply the product, we will adjust the price that you pay, unless you have already paid for the product in full before the change in the currency exchange rate takes effect.
14.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.5 When you must pay and how you must pay. We accept payment by bank transfer to the following bank account name: Violet & George Ltd. Account number: 23163997 Sort code: 20-35-90. You must:
14.5.1 make an advance payment of 75% of the total price when you place your order for products with us; and
14.5.2 the balance upon completion of the delivery and installation (if applicable) of the products, or completion of the services (whichever is the later).
14.6 Our right of set-off if you are a business customer. If you are a business customer 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).
14.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15 Our responsibility for loss or damage suffered by you if you are a consumer
15.1 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. 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.
15.2 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.
15.3 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.
15.4 We are not liable for business losses. If you are a consumer we only supply the products 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 16.
16 Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
16.1.4 defective products under the Consumer Protection Act 1987; or
16.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 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.
16.3 Subject to clause 16.1:
16.3.1 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
16.3.2 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 to100% of the total sums paid by you for products under such contract.
17 How we may use your personal information
18 Other important terms
18.1 We may transfer our contract with you to someone else or engage another party to carry out our obligations under our contract with you. We may transfer our rights and obligations under these terms to another organisation or engage another party to carry out our obligations under our contract with you. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. 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.
Model Cancellation Form for Consumer Customers
(Complete and return this form only if you wish to withdraw from the contract)
To Violet & George Limited, 57 St Helens Gardens, London W10 6LN, telephone +44 (0)20 8969 0654, fax +44 (0)20 3181 0040, email firstname.lastname@example.org.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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