Terms and Conditions

TERMS & CONDITIONS – WEBSITE

Welcome to our website. This page is intended to give you an overview of the terms of use for the stopforamoment.com website and the terms and conditions to which you will be bound should you make bookings or purchases through this website. 

Website Terms of Use

This website and the Company’s social networking pages is owned and operated by Claire Roberts, trading as Stop For A Moment. Stop For A Moment is referred to in these terms as the “Company”, “we” and “us”.

By continuing to browse or use the Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Website. We may amend these terms at any time, and you should check for updates periodically. The amended Terms of Use will be effective from the date they are posted on this website.

Definitions

The following capitalised terms shall have the meanings ascribed to such terms, unless the context otherwise requires:

“Content”: information, data and documents uploaded to the Website from time to time.

“Website”: the website at www.stopforamoment.com and the Company’s social networking pages.

Reliance on Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal, medical, or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

We may make improvements or changes to the information, services, products and other materials on this website, or terminate this website, at any time without notice. 

Content may at times be out of date and we make no commitment to update or remove Content. While we aim to ensure it, we do not warrant the accuracy, completeness, integrity or quality of any Content on the Website.

Access

We try to ensure that the website operates correctly and runs smoothly, but it is provided on an “as is” and “as available” basis. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access. We cannot guarantee that the transmission of any information over your internet connection will be secure nor can we guarantee that the Website will be compatible with any or all hardware and software that you may use to visit the Website.

Intellectual Property

The Website and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the Website (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times our property or is used under licence and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.

Without our prior written permission or except as indicated in respect of specific content on the Website, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on the Website or the underlying software code whether in whole or in part. 

Permitted Use

You may only use the Website in line with these terms, and for lawful and proper purposes. You must comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing the Website. In particular, you agree that you will not: 

  • use the Website in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
  • make any unauthorised, false or fraudulent bookings;
  • use any software, routine, engine or other device to interfere or attempt to interfere electronically or manually with the operation and look of this website, or to breach or attempt to breach its security. 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact hello@stopforamoment.com.

We reserve the right in our sole and absolute discretion to restrict or prohibit your access to the Website at any time and for any reason. If you violate any of these terms, your permission to use the Website shall terminate immediately without the necessity for any notice.

Data Protection

Any personal information you supply to us when you use this website will be processed in accordance with our Privacy Policy. By using this website you consent to such processing and warrant that all data provided by you is accurate.  

Our Liability

Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

While we aim to ensure that all information on the Website is accurate and up-to-date, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Although we use our best efforts to protect the security of your personal information and our system, due to the inherent open nature of the Internet, no transmission via the Internet can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through the Website. Therefore, you assume that risk by using the Website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

Links to Other Websites

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via the Website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Indemnity

You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Law and Jurisdiction

Use of the website is subject to English law. All claims or disputes arising out of or in connection with the use of the site shall be subject to the jurisdiction of the courts of England. However, we reserve the right to bring proceedings in the courts of the country of your residence. 

TERMS & CONDITIONS – BOOKINGS

Definitions

For the purposes of this Agreement, the following capitalised terms shall have the meanings ascribed to such terms, unless the context otherwise requires:

“Customer” means the person, firm or company who books and pays for an Event and is identified as the person responsible for enrolling Participant(s);

“Event” means any single or multi-session event offered on the website, including without limitation courses, one-day workshops, evening workshops, weekend retreats, events, one-to-one sessions;

“Participant” means a person attending an Event and may include a Customer;

“Participant Agreement” means the acceptance of these terms and conditions by each Participant before being allowed entry to an Event;

“Services” means the preparation, arranging and staging of Events (including all associated materials);

“Website”: the website at www.stopforamoment.com and the Company’s social networking pages.

Agreement

Making a booking on Stop For A Moment website involves creating a legally binding contract (the “Agreement”) between (1) the Customer, (2) the Participant(s) made under the same booking (referred to throughout the Agreement as “you” or “your”) and (3) Stop For A Moment (the “Company”, “we” and “us”). By making the booking on behalf of one or more Participants you confirm that you are authorised to agree to these terms and conditions on behalf of each Participant.

We provide our events and services to you subject to this Agreement, so as always with a binding contract, you should read through it carefully before making a booking. We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. If you continue to use the Website or services after changes have been made, you will be considered to have accepted the changes to the Agreement between us.

Bookings

Each Event has a specific maximum capacity for the number of people that can attend, which varies by event and may be shown in the event listing page on the Website.

The Customer is deemed to accept these terms upon booking upon an Event and is responsible for ensuring the accuracy of all details submitted on the booking form. These terms govern the booking for the Event to the exclusion of any terms and conditions of the Customer. The booking form incorporates these terms and constitutes a legally binding contract.

When you book an Event with us through our website, the booking won’t be confirmed until we send you an email confirmation, even if you‘ve transferred money to us.

We will email your booking confirmation, to the email address provided during checkout. If you have not received your confirmation within 48 hours of booking, please contact us. It is your responsibility to ensure that your email is set up to allow you to receive your confirmation, and we cannot accept any liability for any consequences of your not doing so. Please retain proof of your registration, as this and/or identification may be requested upon check-in for the Event.

Some courses may require the submission of a participant questionnaire after a booking is made. This will allow us to be aware of any issues that they need to be sensitive to during the event and to schedule a follow up call, if necessary. If for any reason, any information provided suggests that a Participant is not fit to attend the course, we reserve the right to cancel their booking and refund that Participant’s booking fees in full to the Customer.

By registering for the course, all Participants assume the responsibility of ensuring they are physically and psychologically fit to participate in this programme and that they have consulted with their doctor or psychologists as necessary. Neither the Company nor any of its staff or representatives will be making any judgment as to a Participant’s fitness to participate in this programme. However, the Participant should inform the instructor or administrators (privately) of any personal concerns that may arise. If for any reason we find it necessary to ask a Participant to leave a session or the course altogether, the Participant agrees to do so immediately.

Some of the activities undertaken in our courses are movement or floor-based. It is always the responsibility of each participant to make the decision about whether to take part in a specific activity. If there is any doubt, the decision should always be to exercise caution and we recommend that participants consult a GP or other health professional, if ever unsure whether any activity is safe for them to do.

Gift Vouchers

Gift Vouchers are valid for 12 months from the date of purchase, unless otherwise stated. The event or session booked can occur after this date, as long it is booked within the validity of the voucher. 

Gift Vouchers are sent in digital format to protect the environment and will be issued to the email address provided in Billing Information at checkout.

If you wish for your voucher to be sent directly to the recipient, please email us at hello@stopforamoment.com after booking your Gift Voucher so that this can be arranged.

Please allow three working days for processing Gift Vouchers. If your order is more urgent, please email hello@stopforamoment.com and we will do our best to send your Gift Voucher earlier.

Gift Vouchers are valid for any evening event, course, workshop or one-to-one session to the value stated. We will honour any increase in cost from the time the voucher was purchased to the time of booking. Please contact us in this instance.

Gift Vouchers are non-refundable and cannot be redeemed for cash or replaced after expiry.

In the instance that an event or workshop is cancelled by Stop For A Moment, the recipient will be able to transfer to an alternative date to the same or lesser value, or opt to receive a credit note.

If your purchase exceeds the value of the Gift Voucher, the balance must be paid by debit or credit card.

Bookings made using a Gift Voucher will be bound by our Terms and Conditions listed above under Bookings.

Stop For A Moment will not be liable to you or any person if a Voucher is lost, destroyed, stolen or deleted, regardless of whether it has been used. However, we will do our best to locate the booking and send a replacement voucher for a small admin fee of £15 if found.

Payment

Unless otherwise stated, all prices shown on the Website are inclusive of VAT and other applicable UK taxes. Orders must be paid for immediately by credit or debit card. If we cannot accept your order for any reason, we will process a full refund within seven days.

Cancellations or Changes to Bookings

Cancellation by the Company

In the case that the event is cancelled prior to commencement by the Company, any advance paid fees will be refunded in full. However, we will not be able to compensate you for any other expenses you have incurred in connection with the Event.

Session Rescheduling by the Company

If an Event or one of the sessions making up an Event needs to be cancelled as a result of teacher absence or due to other unforeseeable circumstance, we will make reasonable efforts to reschedule it for an alternative day/time. In this case, Participants will be responsible for any special arrangements required to attend the session.

Cancellation by the Participant or Customer

If an Agreement is cancelled by a Participant or a Customer we are unable to offer any refunds or course transfers if cancelled less than 14 days prior to the Event. If a Participant fails to attend the Event, the Customer is not entitled to a refund or transfer. 

If an Agreement is cancelled by the Customer or a Participant more than 14 days before an Event or the first session of an Event, we will refund the full fee minus a 10% administration fee and any costs incurred by the Company in providing the Services. Alternatively, the full fee can be applied as a credit towards a future course, which must be booked in advance and is subject to availability.

 You must send your cancellation or transfer request to us by email at hello@stopforamoment.com.

Severability

If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed amended to the minimal extent required to make such provision enforceable and the unenforceability of such provision shall not affect the validity and enforceability of the remaining terms.

In circumstances where a provision cannot be amended in order to become valid and enforceable, such provision shall, to that extent only, be severed from the remaining provisions of these Terms and Conditions, which shall continue to be valid to the fullest extent permitted by law.

Attendance and Conduct

Please ensure you arrive on time for your Event. We welcome early arrival, but ask that you arrive no more than 15 minutes early for the sessions.

The Company reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to the Event or to remove any such person after the commencement of the Event.

We also request, and by entering into this Agreement you agree, to ensure that you and all Participants attending an Event under a booking made by you comply with all health and safety, licensing, and other rules and regulations of the venue or applicable to the venue. It is your responsibility to familiarise yourself and all Participants with any rules and regulations that apply. 

Confidentiality

We take the confidentiality of those who come to our Events/courses very seriously. We are under an obligation to keep any Participant information shared prior to and during the events completely confidential (except as otherwise required by law).

From time to time, Participants may share sensitive personal information during a group session. We expect all Participants to respect each other’s confidentiality and treat any information shared in the course group as confidential. If it should come to our attention that information gained in this way about another Participant has been shared inappropriately or outside the group, this would be treated extremely seriously and may result in the Participant involved being asked to leave the event.

Materials and Handouts

Unless stated otherwise, the first copy of any Event/course materials are included in the course fees. If for any reason additional copies are requested, these will be made available at an additional cost.

Any recorded or written material included or presented as part of the Event/course is protected by intellectual property laws, including copyright laws and may not be used without obtaining prior written permission from the Company and the respective authors.

Liability

None of our Events are intended to provide a therapeutic environment or be a substitute for counselling, psychotherapy, or ongoing medical advice from a qualified medical practitioner and subject to the below, the Company excludes any liability relating to any statement or representation made in respect of the therapeutic, psychological or medical benefits of our services or Events. Any unresolved issues which may surface and which may warrant medical treatment, counselling or psychotherapy, will be at the Participant’s own risk and expense.

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Our liability if you are a consumer

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions 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 Agreement.

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

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;

Participants attend and participate in Events at their own risk. We accept no responsibility for any of the following:

  • in respect of any person prevented from entering a venue, or asked to leave due to their conduct;
  • costs or expenses whatsoever or howsoever arising out of or in connection with any Event;
  • loss or damage to personal property;
  • personal injury, except as set out above. Liability is specifically excluded in respect of any dietary, health or other special requirement of which we were not informed at the time of booking; and
  • loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage.

Our liability if you are a business customer

We only hold the Events for internal use by your business, and you agree not to use the Events or any materials provided at our events for any resale purposes.

Nothing in these Terms and Conditions limits or excludes our liability for:

  • death or personal injury caused by our negligence; or
  • fraud or fraudulent misrepresentation;

Notwithstanding the above, 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 Agreement for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Notwithstanding the above, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount received by the Company under the Agreement.

Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Events. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions 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 Events are suitable for your purposes.

Force Majeure

The Company will not be liable for any failure or delay in the delivery of the Event which is caused by circumstances beyond its reasonable control,  including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.

Complaints

If you have any cause for complaint or any feedback during the Event, we would like to hear from you, so that we can address the issue and improve our standards wherever possible. We will take any complaints seriously and aim to respond promptly, fairly and effectively.

Please contact the company director at hello@stopforamoment.com, who will review your matter and seek a satisfactory resolution.

Law and Jurisdiction

Please note that these Terms and Conditions are governed by English law. This means the Agreement 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. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

TERMS & CONDITIONS – PURCHASES

Definitions

For purposes of this Agreement, the following capitalised terms shall have the meanings ascribed to such terms, unless the context otherwise requires:

“Product”: means an item available for sale on the Website.

“Website”: the website at www.stopforamoment.com and the Company’s social networking pages.

Agreement

This Agreement applies to your purchases of Product(s) from this Website. The parties to this Agreement are: (1) the person who makes the purchase, referred to throughout the Agreement as “you” or “your”, and (2) Stop For A Moment (the “Company”, “we”, and “us”).

You should check this Agreement before each order you place, in case it has changed since your last visit.

Separate terms and conditions apply for bookings with the Company, and to your use of the Website. By using the Website (even if you don’t buy any goods) you also agree to be bound by the Website Terms of Use. In the event of a conflict between this Agreement and the Website Terms of Use, this Agreement will prevail.

Ordering

Orders of Product(s) are subject to availability. When you place an order, we will confirm it by email, but the order will only become legally binding on us when we send you an email confirming dispatch of the Product(s). If we cannot fulfil your order for any reason, we will notify you as soon as we reasonably can.

We try to ensure that product details displayed on the Website are correct and up-to-date. However, any error or omission in any information on the Website, or in any other communication or document issued by us, may be corrected without any liability on our part. You will then be given the option of re-confirming your order or cancelling your order. If you have already paid for the Product(s), you will receive a full refund if you decide to cancel.

Images of products on the Website are intended as a guide and the actual product may differ slightly in some respects. All weights and dimensions given are approximate.

Before clicking the ‘Confirm Order’ button, you should check that your order summary is correct. You should retain your email confirmation in case you need to contact us about your order.

Payment

Unless otherwise stated, all prices shown on the Website are inclusive of VAT and other applicable UK taxes. The prices shown do not include the delivery fee unless otherwise stated, which will be added to your total order price.

Orders must be paid for immediately by credit or debit card. If we cannot accept your order for any reason, we will process a full refund within seven days.

Delivery

We will endeavour to deliver the Product(s) as soon as possible after confirmation of your order. However, we cannot accept responsibility for loss or damage caused by any delay in delivering the Product(s). Electronic products such as e-gift certificates will be delivered by email to the address used in the checkout process.

Delivery will be to the address specified by you when ordering. If you are ordering goods for delivery outside of the EU, please check what taxes or duties may apply, as you will have to pay these yourself. We do not know and cannot control what charges you may have to pay once the Product(s) reach the destination country.

As soon as the Product(s) are delivered to you, you become the owner of those Product(s) and the risk will pass to you. This means that you will be liable for any subsequent damage, loss or destruction to the Product(s).

Returns and Cancellation Policy

If you are a consumer, you have a legal right to cancel an Agreement during the period set out in the table below. 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 Agreement and receive a refund.

However, this cancellation right does not apply in the case of Products that have been customised, personalised or have been made to your specific specifications.

Your legal right to cancel an Agreement starts from the date of the “Dispatch Confirmation” (the date on which we email you to confirm our acceptance of your order), which is when the Agreement between us is formed. Your deadline for cancelling the Agreement then depends on what you have ordered and how it is delivered, as set out in the table below:

Agreement End of the cancellation period
The Agreement 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.
The Agreement 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.
The Agreement 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.

To cancel an Agreement, you just need to let us know that you have decided to cancel. You can do this by emailing us at hello@stopforamoment.com. Please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.

If you cancel your Agreement we will:

  • 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;
  • 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; and
  • make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
    • if you have received the Product: 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;
    • if you have not received the Product: 14 days after you inform us of your decision to cancel the Agreement.

If you have returned the Products to us because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges.

We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

If a Product has been delivered to you before you decide to cancel the Agreement:

  • 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 Agreement;
  • unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.

Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Agreement. 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 or anything else in these Terms and Conditions.

Liability

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage. 

Our liability if you are a consumer

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions 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 Agreement.

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.

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

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • 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
    • defective products under the Consumer Protection Act 1987.

Our liability if you are a business customer

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 and Conditions limits or excludes our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • defective products under the Consumer Protection Act 1987.

Notwithstanding the above, 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 Agreement for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Notwithstanding the above, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.Except as expressly stated in these Terms and Conditions, 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 and Conditions 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.

Data Protection

We may use a third party company to fulfil your order. In this case, we will need to share your personal information with them; specifically, your name, address and telephone number. By placing an order, you consent to our sharing your details with such third party for the purpose of fulfilling your order only.

Severability

If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed amended to the minimal extent required to make such provision enforceable and the unenforceability of such provision shall not affect the validity and enforceability of the remaining terms.

In circumstances where a provision cannot be amended in order to become valid and enforceable, such provision shall, to that extent only, be severed from the remaining provisions of these Terms and Conditions, which shall continue to be valid to the fullest extent permitted by law.

Force Majeure

We shall not be liable for any breach of these terms and conditions which is a result of circumstances beyond our reasonable control, including without limitation war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.

Law and Jurisdiction

Please note that these Terms and Conditions are governed by English law. This means the Agreement 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. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.