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Terms & Conditions

Effective from: 06.06.2016

This page (together with our Privacy Policy, 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.

Please check the box marked "I have read and accepted the Terms & Conditions" on the checkout page if you accept them. 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 14. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

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

These Terms take effect from the date stated at the beginning of this document.

Any reference to the term “consumer” in these Terms means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

1.    Information about us

1.1   We operate the website arricamstore.com. We are ARRI Rental (which is a trading name of ARRI Rental Services UK Ltd), a company registered in England and Wales under company number 02044202. and our registered office and main trading address is 2 Highbridge, Oxford Road, Middlesex UB8 1LX. Our VAT number is GB635741923. 

1.2    Contacting us if you are a consumer: 
(a)    To cancel a Contract in accordance with your legal right to do so as set out in clause 1 you just need to let us know that you have decided to cancel. The easiest way to do this is by emailing camstore@arrirental.co.uk. A link to the email address to send your intention to cancel will also be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact our Customer Services team by telephone or by post, in each case see our Contact Us page. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b)    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 or by e-mailing us, in each case see our Contact Us page.
(c)    If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. 

1.3    Contacting us if you are a business. You may contact us by telephoning our customer service team, see our Contact Us page. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 23.3. 

2.     Our products

2.1    Products may vary slightly from their pictures. 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. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

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

2.3    Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

2.4    Your order is subject to Product availability. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3.     Use of our site

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

4.     How we use your personal information

We only use your personal information in accordance to our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5.     If you are a consumer

This clause 5 only applies if you are a consumer.

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

5.2    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.

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 our Privacy Policy, Terms of Website Use and Acceptable Use Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3    You acknowledge that in entering into this Contract you have do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Website Use and Acceptable Use Policy.

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    For the steps you need to take to place an order on our site, please see our FAQ page.

7.2    Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.3    After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.

7.4    How we will accept your order: We will confirm our acceptance to you by sending you an e-mail either from us or our agents that confirms that the Product/s have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation and only in respect of the Product/s referred to in the Dispatch Confirmation.

7.5    If we cannot accept your order: 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 16.5, we will inform you of this by e-mail or telephone and we will not process your order for that Product. If you have already paid for that Product, we will refund you the full amount paid for that Product including any delivery costs charged as soon as possible.

7.6    Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

7.7    We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

8.     Your rights to end the contract

This clause 8 only applies if you are a consumer.

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 and when you decide to end the Contract: 
(a)    If what you have bought is faulty or misdescribed 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;
(b)    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;
(c)    If you have just changed your mind about the product, 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; 
(d)    In all other cases (if we are not at fault and there is no right to change your mind), see 8.5.

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 (a) to (e) below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: 
(a)    We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 14);
(b)    We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c)    There is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control (see clause 22.2); 
(d)    We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or 
(e)    You have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 15.8).

8.3    Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 8.4 and 8.5 below. 

8.4    When you don't have the right to change your mind. You do not have a right to change your mind in respect of: 
(a)    Made to measure or custom made Products;
(b)    Digital products after you have started to download or stream these;
(c)    Services, once these have been completed, even if the cancellation period is still running; 
(d)    Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e)    Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(f)    Any products which become mixed inseparably with other items after their delivery.

8.5    How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered: 
(a)    Have you bought goods (for example any of the Products)? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
        (i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
        (ii) Your goods are for regular delivery over a set period - for example the same Product delivered on the first day of each month for the next 12 months - in this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods. 
(b)    Your legal right to change your mind and to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for changing your mind and cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the Cancellation Period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product. 

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

One product which is delivered in instalments on separate days.

Multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Contract is for the regular delivery of a Product over a set period.                                                                                            

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

9.     Your consumer right of return and refund

This clause 9 only applies if you are a consumer.

If you are a consumer and you wish to cancel the Contract by exercising your right under clause 8 during the relevant period, you can notify us of your decision to cancel the Contract as set out in clause 10 and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

10.    How to end the contract with us (including if you have changed your mind)

This clause 10 only applies if you are a consumer.

10.1   Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a)    Phone or email. Call us or send an email to camstore@arrirental.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b)    By post. Simply write to us at the address given on our Contact Us page, including details of what you bought, when you ordered or received it and your name and address.

10.2   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 return the Products in person to where you bought them, post them back to us at the address shown in our Contact Us page or (if they are not suitable for posting) allow us to collect them from you. Please call us or email us as per the details shown in our Contact Us page for a return label or to arrange collection. If you are 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.

10.3   When we will pay the costs of return. We will pay the costs of return:
(a)    If the Products are faulty or misdescribed; 
(b)    If you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to Events Outside our Control (see clause 22.2) or because you have a legal right to do so as a result of something we have done wrong. 

In all other circumstances you must pay the costs of return.

10.4   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. The costs of collection will be the same as our charges for standard delivery, see Delivery Information.

10.5   How we will refund you. We will refund you the price you paid for the Products, minus delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.6   Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)    We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Policy for information about what handling is acceptable. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
(b)    Delivery and return costs are only refundable if the goods are found to be faulty. 

10.7   When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a)    If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2. 
(b)    In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11.   Our rights to end the contract

11.1   We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: 
(a)    You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b)    You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address for delivery;
(c)    You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or 
(d)    You do not, within a reasonable time, allow us access to your premises to supply the services.

11.2   You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3   We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

12.   If there is a problem with the product

12.1   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 or write to us, in each case see our Contact Us page.

12.2   Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this Contract. See below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.

This clause 12.2 only applies if you are a consumer.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a camera, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
 · Up to 30 days: if your goods are faulty, then you can get an immediate refund. 
 · Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
 · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

 · If your digital content is faulty, you're entitled to a repair or a replacement.
 · If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
 · If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation. 

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:

 · You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
 · If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
 · If you haven't agreed a time beforehand, it must be carried out within a reasonable time. 

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

13.   Your rights to make changes

13.1   If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

13.2   If you are a consumer and if we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 8 - Your rights to end the contract).

14.   Our right to vary these terms

14.1   We may revise these Terms from time to time in the following circumstances: 
(a)    Changes in how we accept payment from you; or
(b)    Changes in relevant laws regulatory requirements.
Please refer to the date at the top of this page to see when these Terms were last updated and which Terms were changed.

14.2   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.

14.3   If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. 

15.   Delivery

15.1   Delivery costs. The costs of delivery will be as displayed to you on our website.

15.2   Delivery will be completed when we deliver the Products to the address you gave us (Off-Site Delivery see clause 15.3 below) or where you collect the Products from us where you have opted for On-Site Collection (see clause 15.4 below).

15.3   Off-Site Delivery: If no one is available at the address you gave us to take delivery, we or our delivery agent will leave you a note that the Products have been returned to our premises, in which case, please contact us or our delivery agent to rearrange delivery. If you do not contact us, we or our delivery agent will arrange for a further delivery and if, on this occasion, no one is available a further note will be left advising you to contact us or our delivery agent to arrange for your collection of the Products from our delivery agents at your expense. 

15.4   On-Site Collection: Where you have notified us that you will be collecting the Products from our premises or the collection address set out in our Delivery Information (On-Site Collection), then delivery will take place at the estimated time and date specified in the Dispatch Confirmation, unless we notify you otherwise by phone or email, but you must call us before collection to confirm that the Products are available before making your journey and incurring any expense. If having followed this procedure, you should you fail to collect the Products within 28 days of the Confirmation of Dispatch then we reserve the right to treat your order as cancelled and to refund you the payment for such Product/s.

15.5   When you become responsible for the goods. The Products will be your responsibility when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

15.6   When you own the goods. You own the Products once we have received payment in full, including all applicable delivery charges.

This clause 15.7 only applies if you are a consumer.

15.7   Your legal rights if we deliver goods late. 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: 
(a)    We have refused to deliver the Products;
(b)    Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c)    You told us before we accepted your order that delivery within the delivery deadline was essential. 

15.8   Setting a new deadline for delivery. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 15.7, 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.

15.9   Ending the contract for late delivery. If you do choose to cancel your Order for late delivery under clause 15.7, or clause 15.8, 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. If the goods have been delivered to you, you must either return them in person to where you bought them, 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 or email (for detail see the Contact Us page) for a return label or to arrange collection.

15.10  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, for example, the correct address for delivery to you. If so, this will have been stated in the description of the Products on our site. We will contact you in writing 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 11.2 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.

15.11  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a Product to: 
(a)    Deal with technical problems or make minor technical changes;
(b)    Update the Product to reflect changes in relevant laws and regulatory requirements; 
(c)    Make changes to the Product as requested by you or notified by us to you (see clause 13).

15.12   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. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.

16.   Price of products and delivery charges

16.1   Where to find the price for the product. The prices of the Products will be as quoted on our site at the time you submit your order. We take all 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 16.5 for what happens if we discover an error in the price of the Product(s) you ordered.

16.2   Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

16.3   We will pass on changes in the rate of VAT. 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.

16.4   Delivery charges are added to the Product price. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges on the checkout page at the time of making your on-line order through our site. Please see our Delivery Information.

16.5   What happens if we got the price wrong? Our site contains a large number of Products and 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: 
(a)    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;
(b)    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 we may cancel supply of the Product and refund you any sums you have paid; and 
(c)    If the Product's correct price is higher than the price stated on our site, we will contact you (including by email) 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.

17.   How to pay

17.1   You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, MasterCard, Maestro 

17.2   Payment for the products and all applicable delivery charges is in advance.

18.   Manufacturer guarantees

18.1   Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. 

18.2   If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

19.   Our liability if you are a business

This clause 19 only applies if you are a business customer.

19.1   We only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes. Nothing in these Terms limits or excludes 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)    Defective products under the Consumer Protection Act 1987.

19.2   Subject to clause 19.1, 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 the Contract 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 goodwill; or
(f)    Any indirect or consequential loss.

19.3   Subject to clause 19.1 and clause 19.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

19.4   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.

20.   Our liability if you are a consumer

This clause 20 only applies if you are a consumer.
 
20.1   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 the Contract.
 
20.2   We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
 
20.3   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); and
(e)    Defective products under the Consumer Protection Act 1987.
 
21.   Return of products
 
We are under no obligation to accept return of Products unless provided for in these terms and conditions. However, we may apply our discretion to do so and on such terms as we alone shall decide provided that the terms of our Returns Policy shall have first been complied with.
 
22.   Events outside our control
 
22.1   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 22.2.  
 
22.2   An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
 
22.3   If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 
(a)    We will contact you as soon as reasonably possible to notify you; and
(b)    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.

22.4   You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
 
23.   Communications between us

23.1   When we refer, in these Terms, to "in writing", this will include email.

23.2   If you are a consumer you may contact us by phone, email or by post – see our Contact Us page for details.

23.3   If you are a business: 
(a)    If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
(b)    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 email, that such email was sent to the specified email address of the addressee.
(c)    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

24.   Other important terms

24.1   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. We will always notify you in writing or by posting on this webpage if this happens. 

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

24.3   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.

24.4   Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

24.5   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. 

24.6   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.

24.7   If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. 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).

24.8   Recycling of batteries and electrical equipment

Please dispose of your batteries using one of the following methods:

 · Drop them into our recycling box at our trade counter;
 · Use the council battery or recyling item collection service or such service at you local municipal waste tip;
 · Drop the batteries at the collection points located in most supermarket chains. 

Do not send batteries or any used electrical items in the post. We operate a take back scheme under the WEEE Directive and used electrical products can be returned to us or should be taken to your local recycling centre.