Fuel3D Technologies Limited, Terms of Sale

This page (together with our privacy policy and terms of use) 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. Our Products include scanners and accessories (Hardware Products) and licences to use our software (Software).

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. If you are ordering Software, you will also be required to accept the terms of our licence agreement (Licence Agreement) before downloading the Software. Please also read the Licence Agreement carefully and make sure that you understand it, before ordering any Software from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10/1/2017.

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

  1. INFORMATION ABOUT US

1.1 We operate the website www.fuel-3d.com and https://www.fuel-3d.com. We are Fuel 3D Technologies Limited, a company registered in England and Wales under company number 8852503 and with our registered office at Unit 2 Douglas Court, Seymour Business Park, Station Road, Chinnor, Oxfordshire OX39 4HA, UK. Our main trading address is at the same address. Our VAT number is 178487156.

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 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in the “Manage your order” facility on our website https://www.fuel-3d.com/right-of-return/. A link to the website cancellation form will 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 e-mail us at orders@fuel-3d.com or contact our Customer Services team by telephone on +44 (0)844 870 8659 or by post to Fuel3D at Unit 2 Douglas Court, Seymour Business Park, Chinnor OX39 4HA. 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 on +44 (0)844 870 8659 or by e-mailing us at info@fuel-3d.com or by post to Fuel3D at Unit 2 Douglas Court, Seymour Business Park, Chinnor OX39 4HA.

(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 on +44 (0)844 870 8659 or by e-mailing us at info@fuel-3d.com or by post to Fuel3D at Unit 2 Douglas Court, Seymour Business Park, Chinnor OX39 4HA. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.

  1. OUR HARDWARE PRODUCTS

2.1 The images of the Hardware 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 Hardware Products. Your Hardware Products may vary slightly from those images.

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

2.3 All Hardware Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Hardware Product you have ordered is not available and we will not process your order until the Hardware Product becomes available, except in the case of Hardware Products shown on our site as under development/production and not yet in stock but available for pre-order (Pre-Ordered Hardware Products).

2.4 The images of Pre-Ordered Hardware Products on our site are for illustrative purposes only and their design and colour may vary during the course of development. We take all reasonable care to give you notice of any variations by updating the images on our site regularly.

  1. USE OF OUR SITE

Your use of our site is governed by our terms of use https://www.fuel-3d.com/terms-of-use/. Please take the time to read these, as they include important terms which apply to you.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our privacy policy https://www.fuel-3d.com/privacy/. Please take the time to read this, as it includes important terms which apply to you.

  1. 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 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. These legal rights are not affected by your right of return and refund in clause 9 or anything else in these Terms.

  1. 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 and terms of use together constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our privacy policy and terms of use.

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1 For the steps you need to take to place on order on our site, please see our Fuel 3D web-shop.

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. If you order Hardware Products, our acceptance of your order will take place as described in clause 7.4. If you order Software, our acceptance of your order will take place as described in clause 7.5.

7.4 If you order Hardware Products:

(a) We will confirm our acceptance to you by sending you an e-mail that confirms that the Hardware Products have been dispatched (Dispatch Confirmation) (except in the case of Pre-Ordered Hardware Products, when clause 7.4(b) will apply). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation will include an estimated delivery date (Estimated Delivery Date) which will be within thirty (30) days after the date of the Dispatch Confirmation.

(b) In the case of Pre-Ordered Hardware Products, we will confirm our acceptance to you by sending you an e-mail confirming that they will be dispatched when in stock (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Our estimated delivery date will be as shown on our site at the time of your order (Estimated Delivery Date) and included in your Dispatch Confirmation.

7.5 If you order Software or upgrades to Software, we will confirm our acceptance to you by sending you an e-mail that confirms our acceptance (Dispatch Confirmation) and includes a licence key to enable you to accept the licence terms and download the Software or activate your upgrade (Licence Key).  For the steps you need to download the Software, please see our Fuel 3D web-shop.

7.6 If we are unable to supply you with a Product for any reason, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible.

  1. OUR RIGHT TO VARY THESE TERMS

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

8.2 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 and regulatory requirements.

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

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

  1. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clauses 9.3 to 9.5. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Hardware Product, or do not want to download any Software you have ordered or access a Software upgrade you have ordered, you can notify us of your decision to cancel the Contract 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.

9.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalised.

9.3 You may cancel a Contract from the date you receive 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. If you order Hardware Products, your cancellation period is explained in clause 9.4. If you order Software, your cancellation period is explained in clause 9.5.

9.4 If you have ordered Hardware Products, this clause 9.4 applies to you. Once the Hardware Products have been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Hardware Products. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Hardware Products on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

9.5 If you have ordered Software, this clause 9.5 applies to you. You have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Dispatch Confirmation and Licence Key. For example, if we provide you with a Dispatch Confirmation and Licence Key on 1 January you may cancel at any time between 1 January and the end of the day on 14 January. However, you will lose the right to cancel if you use the Licence Key to download the Software before the end of the 14 day period. If you have already downloaded the Software on a free trial basis, or you have ordered an upgraded version of Software which you have previously purchased and downloaded, you will lose the right to cancel if you use the Licence Key to complete your purchase of the Software, or to activate the upgraded version, before the end of the 14 day period.

9.6 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in the “Manage your order” facility on our website http://www.fuel-3d.com/right-of-return/. A link to the website cancellation form will 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 e-mail us at orders@fuel-3d.com or contact our Customer Services team by telephone on +44 (0)844 870 8659 or by post to Fuel3D at Unit 2 Douglas Court, Seymour Business Park, Chinnor OX39 4HA. 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. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

9.7 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note that, in the case of Hardware Products, 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;

(b) refund any delivery costs you have paid for Hardware Products, 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 Hardware 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;

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

(i) if you are cancelling a Contract for a Hardware Product and you have already received the Hardware Product: 14 days after the day on which we receive the Hardware Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Hardware Product back to us. For information about how to return a Hardware Product to us, see clause 9.10;

(ii) if you are cancelling a Contract for a Hardware Product and you have not received the Hardware Product: 14 days after you inform us of your decision to cancel the Contract;

(iii) if you are cancelling a Contract for Software: 14 days after you inform us of your decision to cancel the Contract.

9.8 If you have returned HardwareProducts to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Hardware Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

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

9.10 If you are cancelling a Contract for Hardware Products and the Hardware Products were delivered to you before you decide to cancel your Contract:

(a) you must return the Hardware Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is Fuel3D at Unit 2 Douglas Court, Seymour Business Park, Chinnor OX39 4HA;

(b) unless the Hardware Products are faulty or not as described (in which case, see clause 9.8), you will be responsible for the cost of returning the Hardware Products to us.

9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

  1. DELIVERY OF HARDWARE PRODUCTS

10.1 This clause applies only to Hardware Products which are not Pre-Ordered Hardware Products. Your order will be fulfilled by the Estimated Delivery Date. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 18 for our responsibilities if this happens. In any other case, if we miss the Estimated Delivery Date for your Hardware Products then you may cancel your order straight away if any of the following apply:

(a) we have refused to deliver the Hardware Products;

(b) delivery by the Estimated Delivery Date was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 10.1, 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.

If you do choose to cancel your order under this clause 10.1, you can do so for just some of the Hardware Products or all of them. If the Products have been delivered to you, you will have to return them to us, 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.

10.2 This clause applies only to Pre-Ordered Hardware Products. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see clause 18 for our responsibilities if this happens. In any other case, if we are unable to fulfil your order within fourteen (14) days of the Estimated Delivery Date, we will inform you of this by e-mail with a revised estimated delivery date (Revised Estimated Delivery Date). We will continue to process your order with the Revised Estimated Delivery Date unless you notify us that you do not wish to proceed with your order, by contacting us at orders@fuel-3d.com. If you do notify us that you do not wish to proceed, and you have already paid for the Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible. If we miss an Estimated Delivery Date or a Revised Estimated Delivery Date then you may cancel your order straight away if any of the following apply:

(a) we have refused to deliver the Products;

(b) delivery by the Revised Estimated Delivery Date was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery by the Estimated Delivery Date was essential, or you told us when we informed you of a Revised Delivery Date that the Revised Delivery date was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 10.2, 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.

If you do choose to cancel your order under this clause 10.2, you can do so for just some of the Pre-Ordered Hardware Products or all of them. If the Products have been delivered to you, you will have to return them to us, 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.

10.3 Delivery will be completed when we deliver the Hardware Products to the address you gave us.

10.4 The Hardware Products will be your responsibility from the completion of delivery.

10.5 You own the Hardware Products once we have received payment in full, including all applicable delivery charges, and delivered the Hardware Products to you.

  1. INTERNATIONAL DELIVERY OF HARDWARE PRODUCTS

11.1 If you order Hardware Products from our site for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

  1. DOWNLOADING OF SOFTWARE AND ACCESS TO UPGRADES

12.1 If you have ordered Software from our site, you can use the Licence Key to download the Software in order to complete your purchase of the Software. For the steps you need to take download the Software, please see our Fuel 3D web-shop.

12.2 You will also be required to accept the terms of our licence agreement (Licence Agreement)  before downloading the Software. If you do not agree the terms of the Licence Agreement, we will not licence the Software to you and you will not be able to download the Software.

12.3 If you have ordered Software which you have already downloaded on a free trial basis, you can complete your purchase by using the Licence Key. For the steps you need to take to do this, please see our Fuel3D web-shop.

12.4 If you have ordered an upgraded version of Software which you have previously purchased and downloaded, you can complete your purchase by using the Licence Key. For the steps you need to take to do this, please see our Fuel3D web-shop.

  1. PRICE OF PRODUCTS AND DELIVERY CHARGES

13.1 The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Products you ordered, please see clause 13.5 for what happens in this event.

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

13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

13.4 The price of a Hardware Product does not include delivery charges. Our delivery charges are advised to you during the check-out process, before you confirm your order.

13.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing 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. Please note that 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.

  1. HOW TO PAY

14.1 You can only pay for Products using a debit card or credit card. We accept the cards listed on our Fuel 3D web-shop.

14.2 Payment for Hardware Products and all applicable delivery charges is in advance. In the case of Pre-Ordered Hardware Products, we will charge your debit or credit card with a deposit of ten per cent (10%) of the price of the Product (excluding VAT and delivery charges) (or such other amount as stated during the order process and as confirmed on your Dispatch Confirmation), but otherwise we will not charge your debit card or credit card until we dispatch your order.

14.3 Payment for all Software is on an annual subscription basis, paid either annually or monthly in advance with automatic renewal. The first year of your subscription starts on the day you receive the Dispatch Confirmation and Licence Key. We will send you an email at least 7 days before the end of each year starting with the date you receive the Dispatch Confirmation and Licence Key (Renewal Date) to notify you that your subscription is due for automatic renewal and giving you instructions on how to cancel your subscription from the Renewal Date, if you wish to do so. If you cancel, the Software will be disabled from the relevant Renewal Date and you will not be able to use it after that date. If automatic renewal is not successful you will be able to renew your subscription from within the website customer portal once the renewal date has been reached.

14.4 If you have previously purchased Software and you buy a Licence Key for an upgraded version of the Software part way through a subscription year, we will give you credit for the time remaining under your existing subscription for the original Software from the date you receive the Dispatch Confirmation and Licence Key for the upgraded Software. Your annual subscription for the upgraded Software will run from the  date you receive the Dispatch Confirmation and Licence Key for the upgraded Software.

  1. OUR WARRANTY FOR THE PRODUCTS

15.1 If you are buying Hardware Products from our site, this clause 15.1 applies to you. We provide a warranty that on delivery and for a period of 12 months from delivery, the Hardware Products shall be free from material defects and conform in all material respects with their Product Description as described in the Fuel 3D website. However, this warranty does not apply to any defect in the Hardware Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Hardware Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not authorised by us; or

(e) any specification provided by you.

15.2  If you are buying Software from our site, this clause 15.2 applies to you. We provide a warranty as described in clause 4 our Licence Agreement.

15.3 If you are a consumer, this warranty is in addition to 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.

  1. OUR LIABILITY IF YOU ARE A BUSINESS

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

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

16.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

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

(d) defective products under the Consumer Protection Act 1987.

16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(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.

16.4 Subject to clause 16.2 and clause 16.3, 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 and any delivery charges paid by you.

16.5 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.

  1. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 17 only applies if you are a consumer.

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

17.2 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.

17.3 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.

  1. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

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

(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.

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

  1. COMMUNICATIONS BETWEEN US

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

19.2 If you are a consumer you may contact us as described in clause 1.2.

19.3 If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. 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 e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  1. OTHER IMPORTANT TERMS

20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.

20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.

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

20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree 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.

In addition, please note that if you are not happy with how we have handled any complaint you have, you may submit your dispute for resolution to the European Commission Online Dispute Resolution platform.

20.7 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 agree to the exclusive jurisdiction of the courts of England and Wales.

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