Terms and Conditions

This is the website of Running Imp of Jubilee House, 11-13 Whisby Way, Lincoln, LN6 3LQ.

We will do our best to answer accurately queries e-mailed to us by you but in our sole discretion, reserve the right not to answer such queries. Such queries and answers do not form a contractual relationship between us and Running Imp accepts no contractual responsibility for our responses.

This website contains general information and the content is for information purposes only. It does not constitute specific professional advice on any matter nor should it be used as such. Whilst Running Imp uses every effort to ensure that the content is accurate and up to date, nothing on this website should be construed as professional advice. We cannot accept responsibility for actions based on the materials contained herein. By using this website you confirm that you have not relied on any such content. If you require advice on any specific problem please contact one of our partners before taking any action as a result of the comments made on this site.

By using the Running Imp website ("website") you agree to be bound by the terms of use and if you acquire services using the website you agree to be bound by the terms and conditions of the provision of those services.

This agreement by which you agree to abide in exploring and accessing information from this website governs the terms upon which you are granted access to this website by Running Imp. This website contains proprietary notices and copyright information, the terms of which the you agree to observe and follow.

You assume full responsibility for the protection of your computer system including computer hardware and software, stored data on your computer system and the stored data and computer systems included hardware and software of third parties who may access or be otherwise connected to your computer systems.

You will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from this website are free from Viruses, Worms, Trojan horses or other items of a destructive nature.

Running Imp Limited’s terms & Conditions for the supply of goods & services

1. THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply products to you. This includes both the supply of goods (such as medals, trophies etc) (“goods”) and services (such as the hire to you of equipment, assistance with operating equipment etc) (“services”). The term “products” covers both Goods and Services.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3  Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.

You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in blue and those specific to businesses only are in red.

1.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.5  Other terms will also apply. Our Privacy Policy available at https://www.runningimp.co.uk/privacy-policy will also apply to your order and/or your contact with us, so please read it carefully. Where you access www.runningimp.co.uk (“our website”) and/or place an order via our website, our Terms of Website Use will also apply – please see https://www.runningimp.co.uk/terms-and-conditions

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are Running Imp Limited, a company registered in England and Wales. Our company registration number is 03426420 and our registered office is at Jubilee House, 11-13 Whisby Way, Lincoln, LN6 3LQ. Our registered VAT number is 694 8999 35.

2.2  How to contact us. You can contact us by telephoning our customer service team at 01522 502131 or by writing to us at either [email protected] or Jubilee House, 11-13 Whisby Way, Lincoln, LN6 3LQ.

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1  How to place an order. Where you are placing an order on our website, our shopping pages will guide you through the steps you need to take. Where you are placing an order via other contact with us (such as email, post or telephone), then you will need to follow the instructions set out in our brochure or our quotation to you (as applicable). In any case, please take the opportunity to check your order carefully before placing it.

3.2  Our order acknowledgement. When you have placed your order on line, we will send an email to you acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.

3.3  How we will accept your order. Our acceptance of your order will take place when we send you a (further) email to accept it, at which point a contract will come into existence between you and us.

3.4  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If we have already taken any payment, we will return that to you as soon as reasonably possible.

3.5  Our requirements of you - consumers. You may only purchase products from us if you are at least 18 years old.

3.6 Our requirements of you - businesses. The person placing the order warrants that he or she has the authority to bind any company, partnership or other entity on whose behalf he purports to place the order.

4. OUR PRODUCTS

4.1  Products may vary slightly from their pictures. The images of the products on our website or in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printing process used for our brochures accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. YOUR RIGHTS TO MAKE CHANGES

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.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2  to implement minor technical adjustments and improvements, for example to address a safety risk. These changes will not affect your use of the product.

6.2 Changes to these terms. We may amend these terms from time to time. Each time you place an order, we recommend that you review these terms carefully to ensure that you are happy with them. The terms in force at the time you place an order will be the terms that apply to your order. Our latest terms at any time can be verified at: https://www.runningimp.co.uk/terms-and-conditions

7. PROVIDING THE PRODUCTS

7.1  Delivery costs. The costs of delivery will be as displayed to you on our website, in our brochure or on our quotation, as applicable.

7.2  When we will provide the products. During the order process we will let you know when we will provide the products to you.

7.2.1  If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless indicated otherwise in our order acceptance. In some cases, for example where goods are being personalised or are being sourced from overseas, we may indicate a longer time in our order acceptance email.

7.2.2  If the products are services. We will begin the services (including the hire of equipment) on the date agreed with you during the order process and set out in our order acceptance email.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay and you are a consumer then you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4  Other delays not described in clause 7.3. If you are a consumer and we do not deliver goods to you and/or commence provision of services by the date agreed in accordance with clause 7.2, then you may cancel the order straight away if:

7.4.1  we have refused to deliver or perform (as applicable);

7.4.2  delivery/performance by the applicable date was essential (taking into account all the relevant circumstances); or

7.4.3 you told us before placing the order that delivery/performance by the applicable date was essential.

If you choose not to (or are not entitled to) cancel the order in this manner, then you can give us a new deadline for delivery/performance (which must be reasonable in all the circumstances). If we do not meet this revised deadline (or a reasonable deadline if yours was unreasonable), then you can cancel the order at that stage.

7.5  If you are not at the delivery address when the product is delivered. If no one is available at your address to take delivery, then at our discretion we will either leave the goods (or equipment hired out as a service) at the delivery address, or leave you a note informing you of how to rearrange delivery. You are entirely responsible for any loss or damage occurring to such goods/equipment if we choose to leave it at your delivery address.

7.6  If you do not re-arrange delivery. After a failed attempt to deliver to you, we will contact you for further instructions and may charge you for storage costs and any further delivery or related costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.

7.7  When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you [or a carrier organised by you] collect it from us.

7.8  When you own goods. You own a product which is goods only once we have received payment in full. For the avoidance of doubt, you will never own equipment or other items hired to you as part of our services.

7.9 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, event details to be engraved on a trophy. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10  Artwork. Where goods are being personalised to your specification, we may provide artwork and/or samples prior to proceeding with your order. In relation to goods where artwork/samples are provided:

7.10.1 where you approve the artwork/sample, then you accept complete responsibility for the content, layout and appearance of the goods being acceptable to you;

7.10.2  any delay by you in approving the artwork/sample will impact on our delivery/performance date (or in the alternative, may mean an additional charge to you in order to meet the original delivery date);

7.10.3 We do not charge for artwork as long as the product is ordered with Running Imp Ltd, therefore the artwork remains the property of Running Imp Ltd until purchased. We allow up to 3 opportunities for unlimited amendments. Then reserve the right to charge £50 excluding VAT for extra design time/changes.

However, if a quotation is accepted and we create artwork for you, and you choose not to go ahead we reserve the right to charge £50 excluding VAT for the design time.

If you pass on artwork that Running Imp Ltd have produced and use it with another Supplier/Company for production without prior consent rather than placing an order for goods with us, this will result in a £500 plus VAT charge in relation to this work.

7.11  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.11.1  deal with technical problems or make minor technical changes; or

7.11.2 update the product to reflect changes in relevant laws and regulatory requirements.

7.12  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 for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product not supplied after you end the contract.

7.13  We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14).

7.14  Where our services comprise the hire of equipment/items. The following provisions will apply:

7.14.1  Any equipment or items hired to you (“Hired Items”) will remain our property at all times. You will not get any right, title or interest in the Hired Items.

7.14.2  The risk of loss, accident theft, damage (including without limitation fire damage) or destruction of the Hired Items (“Risk”) shall pass to you upon delivery of the Hired Items. The Risk shall remain with you from delivery until they are loaded onto our collection vehicle (“Risk Period”).

7.14.3 During the Risk Period, you shall:

7.14.3.1 at your own expense take out and maintain comprehensive insurance of the Hired Items for not less than £10,000 against all Risks, including any specific risks notified by us in writing;

7.14.3.2 ensure that the Hired Items are stored and operated in a suitable environment, and used only for the purposes for which they are designed and in accordance with any operating instructions provided by us;

7.14.3.3 make no alteration, repair or amendment (including without limitation the removal of components) to the Hired Items;

7.14.3.4 not part with control of, sell, offer for sale, underlet, lend, or allow the creating of any mortgage/charge/lien/other security interest over any Hired Items;

7.14.3.5  deliver up the Hired Items to our required address at the end of the Risk Period or on earlier cancellation of the applicable order/contract. Where requested by us, this will include allowing our representatives access to your premises to collect the Hired Items.

8. YOUR RIGHTS TO END THE CONTRACT

8.1  You may be entitled to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

8.1.1  If what you have bought is faulty or 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 if you are a consumer and clause 13 if you are a business;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; and

8.1.3  If you are a consumer and have just changed your mind about the product, see clause 8.3.

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 clauses 8.2.1 to 8.2.4 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:

8.2.1  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.2  if you are a consumer, and there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.3 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 4 weeks; or

8.2.4  you have a legal right to end the contract because of something we have done wrong.

8.3  Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products 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 later in these terms.

8.4  When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

8.4.1  goods manufactured or modified to your specification (for example, medals or trophies with a date or event details engraved on them);

8.4.2  services, once these have been completed, even if the cancellation period is still running;

8.4.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

8.5.1  Have you bought services (for example, hire of electronic time-keeping equipment)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.5.2  Have you bought goods (for example, medals or trophies)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days (in which case you have until 14 days after the day you (or someone you nominate) receives the goods.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1  Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by telephone, email or post. If contacting us by email or post, please provide your name, delivery address, details of the order and, where available, your phone number and email address.

9.2  Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods and/or Hired Items in person to us or allow us to collect them from you. Please contact customer services to arrange this. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1  if the products are faulty or misdescribed; or

9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control (if you are a consumer) or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4  What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5  How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6  When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

9.6.1  We may reduce your refund of the price (we will also deduct the cost of delivery) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6.2 We do not offer a refund for the cost of delivery once the purchase is made.

9.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 When your refund will be made. We will make any refunds due to you as soon as reasonably possible.

9.8 Cancellation Fee – If you wish to cancel your order where no artwork has been produced and nothing has been personalised, you can cancel but we reserve the right to charge £10 plus VAT to cover admin. If you wish to cancel your order where artwork has been produced but it hasn’t gone into production, you can cancel but we reserve the right to charge £50 plus VAT to cover admin.

10. OUR RIGHTS TO END THE CONTRACT

10.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1  (if you are a business) you commit any material breach of the contract;

10.1.2  you do not make any payment to us when it is due;

10.1.3 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;

10.1.4 you do not, within a reasonable time, allow us to deliver the products to you; or

10.1.5 you do not, within a reasonable time, allow us access to your premises to supply the services (if applicable).

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

12.2  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or allow us to collect them from you. We will pay the costs of return (where agreed with us in advance) or collection. Please contact us to arrange return or collection.

12.3  Your obligation to check products. You must check any goods and/or Hired Items within 48 hours of delivery for any visible damage or defects. If you seek to exercise the rights in this clause 12 later than 48 hours after delivery, we may require you to prove that the damage/defects were not caused by your handling after delivery.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1  Many of our products which are goods come with a manufacturer’s guarantee. Where this applies, details will be included with the goods when they are delivered if this applies.

13.2 Subject to clause 13.1, if you are a business we warrant that on delivery, and for a period of 12 months from the date of delivery ("warranty period"), any products which are goods (excluding Hired Items) shall:

13.2.1  conform in all material respects with their description; and

13.2.2 be free from material defects in design, material and workmanship;

and any products which are services shall be performed with reasonable care and skill (together, “the warranty”).

13.3 Subject to clause 13.4, if:

13.3.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty (and, for the avoidance of doubt, where a defect or warranty non-conformance would have been obvious on a visible inspection on delivery/performance, this clause 13.3.1 shall not have been complied with where you do not notify us within 48 hours of delivery/performance);

13.3.2 we are given a reasonable opportunity of examining such product; and

13.3.3  you return such product to us at your cost,

we shall, at our option, repair, replace or re-perform the defective product, or refund the price of the defective product in full.

13.4  We will not be liable for a product's failure to comply with the warranty if:

13.4.1 you make any further use of such product after giving notice;

13.4.2  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

13.4.3 the defect arises as a result of us following any drawing, design or specification supplied by you;

13.4.4 you (or your agent) alter or repair the product without our express written consent; or

13.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.5 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty.

13.6 These terms shall apply to any repaired, replacement or re-performed products supplied by us under this clause 13.

14. PRICE AND PAYMENT

14.1 Where to find the price for the product. The price of the product will be the price indicated on the website or brochure when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order. Any price which we provide you in our quotation is based on the dollar exchange rate at the time we issue the quotation. If there is a material change in the dollar exchange rate after we have placed the quotation and before you have placed your order, then we reserve the right to amend our quotation at any time.

14.2 VAT. The prices quoted on our website and in our brochures are exclusive of VAT, and any applicable VAT shall be added to those prices at the prevailing rate at the time of order. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4  When you must pay and how you must pay. We accept payment with most major Credit or Debit cards (excluding American Express). Unless we agree otherwise with you during the order process, you must provide us with payment details at the time of placing the order, and we will take payment at any point prior to dispatching the products. If your payment details are not effective, we reserve the right to delay dispatch until you provide effective payment details.

14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge statutory interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987

15.3  We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1  Nothing in these terms shall limit or exclude our liability for:

16.1.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.1.2 fraud or fraudulent misrepresentation;

16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

16.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2  Subject to clause 16.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

16.3.1  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any (in each case whether arising under or in connection with any contract between us, and in each case except clause 16.3.1.7 whether direct or indirect):

16.3.1.1 loss of profit, sales, business or revenue;

16.3.1.2 loss or corruption of data, information or software;

16.3.1.3 loss of opportunity;

16.3.1.4  loss of savings or anticipated savings;

16.3.1.5 loss of goodwill or damage to reputation;

16.3.1.6  losses in relation to your contracts with other persons; or

16.3.1.7 indirect or consequential loss; and

16.3.2  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the applicable contract.

17. OTHER IMPORTANT TERMS

17.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

17.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4  Notices to us if you are a business. Any notices by us to you, or vice versa, shall be sent by first class pre-paid post or email. Notices shall be deemed to have been received (i) in the case of first class pre-paid post, at 9.00AM on the second business day after posting; and (ii) in the case of email, at 9.00AM on the next business day. In either case, it will be sufficient proof to demonstrate that the notice was sent properly addressed and (if applicable) properly stamped. This clause 17.4 shall not apply to the service of legal proceedings or other documents within any legal action.

17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.7 This is our entire agreement if you are a business. These terms (and any documents referred to herein) constitute our entire agreement in relation to their subject matter, and supersede and extinguish any previous agreements. You acknowledge that you are not entering into this contract on the basis of any statement, representation, assurance or warranty (whether innocent or negligent) that is not set out in these terms.

17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17.9  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

E-mail Newsletter Terms and Conditions

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The frequency of the newsletter issues is generally around two per week, unless there are issues with products or deliveries, or events force us to do otherwise.

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Platinum Jubilee Products

All Platinum Jubilee products are non-refundable.

Queen's Birthday 2022 Free Delivery

Free Delivery is available for the duration of the Queen's Birthday, 21st April 2022. Free Delivery on orders over £100 (excluding VAT) to UK Mainland Addresses only (excluding Scottish Highlands) and is available on all products that do not require a surcharge. Products with surcharges include: Metal Stakes, Plastic Stakes, Wooden Stakes, Flags, Colour Drums, Barrier Mesh Fencing, Pop-up Walls, Gazebos, Banners