| 5. | | Price and Payment |
| 5.1 | | Subject to any pricing error, the price for the Goods is the price displayed in respect of those Goods on this Website at the time We receive Your order, plus the applicable delivery charges. These prices are inclusive of VAT. Please note Our prices are specified in pounds sterling. If You are based in a country which uses a currency other than pounds sterling, Your credit card company will convert the transaction as appropriate. |
| 5.2 | | We try to ensure that all prices on this Website are accurate but errors may occur. If We discover a pricing error whereby the correct price for the Goods is greater than the price stated We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You, We will treat the order as cancelled and issue a full refund (where relevant). Where We discover an error and the correct price of the Goods is less than Our stated price, we will charge the lower amount when dispatching the Goods to you. If We discover a pricing error, We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing. |
| 5.3 | | Payment must be made by credit or debit card. You must provide Us with payment details at the time of placing Your order. We use a third party, to authorise Your payment for the Goods. Please note that we are not responsible for ensuring the confidentiality of Your data once You transfer to such third party’s website in order to make payment. We accept no liability for any loss and/or damage that You may suffer as a result of the acts and/or omissions of such third party. |
| 5.4 | | While we require payment authorisation at the time an order is received, subject to our receiving such authorisation, we will not take payment for the Goods until We send you a Dispatch Confirmation. Until we receive payment authorisation we will not dispatch the Goods. |
| 6. | | Risk and Ownership |
| 6.1 | | Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided by You. |
| 6.2 | | You will not own the Goods until We have received payment in full in cleared funds for them. Whilst We remain the owner of the Goods, You agree that We may enter Your premises to retrieve the Goods. If the Goods are located at a third party’s premises, You agree to obtain consent for Us to enter that third party’s premises in order to take back the Goods which belong to Us. |
| 7. | | Data Protection |
| 7.1 | | We will process personal data disclosed by You in accordance with Our privacy policy, the terms of which are incorporated into these Terms and Conditions. By placing an order, you consent to such processing and You warrant that all data provided by You is accurate. |
| 8. | | Warranty |
| 8.1 | | In addition to and without affecting any other statutory rights You may have as a consumer, We warrant that the Goods will be free from defects for a period of 12 months from the date of delivery. If the Goods develop a defect during the 12 month warranty period You should return them to Us at the address below. If after inspection We agree, acting reasonably, that You have a valid claim, We will either replace the defective Goods, repair the defective Goods or refund You in full for the full price of the Goods paid by You, including delivery charges and return costs paid by You. If We do not agree that You have a valid claim We shall return the Goods in question to You and reserve the right to charge You for delivery charges via your original payment method, or if such method is no longer possible (eg because your card has expired), to hold the Goods until full payment is received for such return carriage costs. |
| 8.2 | | Without affecting any statutory rights You may as a consumer have in such event, the warranty in clause 9.1 shall not apply if the relevant defect arose from fair wear and tear, wilful damage, accident, negligence, use otherwise than for intended use, failure to follow installation or storage instructions, or any alteration or repair other than in accordance with our instructions. |
| 8.3 | | You should inform Us by no later than 14 days from delivery if the Goods are damaged or are incomplete on delivery and return the damaged or incomplete Goods to Us. On Our receipt of the returned Goods We shall either refund You the sums paid for the Goods or shall send you replacement Goods, together in either case with the costs You incurred in returning them to Us. |
| 8.4 | | We will refund any money under this clause using the same method originally used by You to pay for the Goods. We will usually process the refund due to You as soon as possible and, in any case within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective or incomplete Goods. |
| 9. | | Liability - your attention is particularly drawn to this clause |
| 9.1 | | Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury due to Our negligence, Our fraud or any other type of liability We cannot exclude or limit as a matter of English law. |
| 9.2 | | Subject to clause 9.1 our liability for any failure to perform a Contract, or for negligence, or any other claim that You may have against Us under a Contract, shall not exceed twice the value of the sums paid to Us under the Contract in question |
| 9.3 | | Subject to clause 9.1 We shall not be liable to You for any loss of income or revenue suffered by You as a result of any of the causes of action stated in clause 9.2 above or for any other losses that we could not foresee as likely to be suffered by You at the date of Your order for the Goods. |
| 9.4 | | Clauses 9.1 to 9.3 inclusive are intended only for consumers. If you are a business we reserve the right to impose different limitations and exclusions at the time that you contact us as provided above. |
| 10. | | General |
| 10.1 | | You are solely responsible for the use made of the Goods. In particular, You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by You of any such laws. |
| 10.2 | | If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. |
| 10.3 | | We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, shortage of materials, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. |
| 10.4 | | All third party rights are excluded and no third party shall have any right to enforce these Terms and Conditions. |
| 10.5 | | Except as provided in clause 3.3, all notices given by You to Us must be given to Us at the postal or e-mail addresses provided below. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or 3 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. |
| 10.6 | | Nothing in these Terms and Conditions affects any statutory rights you may have as a consumer. |
| 10.7 | | The laws of England and Wales govern these Terms and Conditions and any Contract between Us and the English courts will have jurisdiction in respect of any dispute. |
| 11. | | Our Details |
| 11.1 | | Our registered office and main trading address is Knights Hall, Knights Hill, London SE27 0HS. Our telephone number is 0800 0 336 339. |
| 11.2 | | Our VAT registration number is 927 1868 92. |
| 11.3 | | If You are unhappy with any aspects of the service and/or Goods that We have provided to You or have any comments regarding the service, please contact Us by writing to the above address or e-mail Us at CustomerServices@trueCall.co.uk. |
| 11.4 | | We will endeavour to respond promptly to all communications. |