- Information about us
- Our Products
- Use of our site
- How we use your personal information
- Legal age of consent
- If you are a consumer
- If you are a business Customer
- How the contract is formed
- Rights to vary these terms
- Your consumer right of refund and return
- International Delivery
- Price of products and delivery charges
- How to pay
- Our liabilities if you are a business
- Our liabilities if you are a consumer
- Events outside our control
- Communications between us
- Other important terms
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 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 16 February 2015.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1. We operate the websites www.ECigaretteDirect.co.uk and www.TheSmokersAngel.co.uk. We are Gower Enterprises Limited, a company registered in England and Wales under company number 06682359 and with our registered office at Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. Our main trading address is Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. Our VAT number is 973352993.
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. You can do this by completing the cancellation form on our website. 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 [email protected] or contact our Customer Services team by telephone on 01792 852843 or by post to Customer Services, Gower Enterprises Limited, Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. 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 at 01792 852843 or by e-mailing us [email protected]
(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 at 01792 852843 or by e-mailing us at [email protected] If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2.1. Nothwisthanding clauses 15, 16 and/or 17 (as applicable), you must be aware of the following:
E-liquid and Cartomisers
(a) Our cartridges and e-liquid products must only be used in accordance with the instructions provided and if you have any questions or concerns about their use, you should get in touch with us at [email protected] or on 01792 852843.
(b) The vast majority of our cartridges and e-liquid contain nicotine. Nicotine can be a toxic and addictive substance. Nicotine-containing liquids are only intended for use by committed smokers of legal smoking age, and they are not intended for use by non-smokers, children, women who are pregnant or may have become pregnant or by any person with an elevated risk or, or pre-existing condition of any medical condition, which includes but is not limited to, heart disease, diabetes, high blood pressure, emphysema or asthma, unless such use has been recommended or approved by your GP. Should you feel unwell, you should stop using the product and consult a doctor.
(c) Our e-liquids, cartomisers and inhalation devices are NOT provided as smoking cessation aids, and they have not been approved by the MHRA, EMA or FDA for this purpose. Our e-liquids, cartomisers and inhalation devices are not intended to treat, prevent or cure any disease, conditions or addiction.
(d) Any e-liquid containing nicotine may be harmful if ingested in sufficient quantities, with a risk of fatality should it be consumed by a child. Other ingredients may be harmful to animals (even if the e-liquid does not contain nicotine). In the case of accidental ingestion, medical advice should be sought if you feel unwell (or immediately in the case of ingestion by a child) and the doctor shown the bottle and packaging from which the product was consumed. All of our e-liquid and cartomiser (whether nicotine-containing or otherwise) products must be safely stored when not in use, and they must be kept out of the reach of children and animals at all times.
(e) Skin contact with e-liquid may be harmful and should be avoided wherever possible. If the product comes into direct contact with the skin, the affected area should be washed with plenty of soap and water. If the product comes into contact with the eyes, the affected area must be rinsed thoroughly and medical advice sought. If e-liquid is spilled onto clothing, this should be washed before reuse.
(f) Do not eat, drink or smoke when handling e-liquids and wash your hands thoroughly after handling any e-liquid product.
(g) Whilst every measure has been taken to make our packaging child-proof and all appropriate explicit warnings and cautions explicitly provided on packaging and labelling, we cannot be held responsible for any personal injury arising from or attributable to a failure to comply with the warnings and instructions as listed in this clause or from failure to use any product as intended or in accordance with the instructions provided with that product.
(h) Our battery and charger products must only be used in accordance with the instructions provided and if you have any questions or concerns about their use, you should get in touch with us at [email protected] or on 01792 852843.
(i) E-cigarette, tank system, variable voltage and other batteries must only be charged with the charging equipment supplied by us and specifically intended for charging the that product as our chargers carry overcharge protection specific to that battery type. In particular adaptors provided for charging other devices (in particular mobile phones) must NOT be used to charge our or any other electronic cigarette batteries.
(j) Batteries should never be left on charge unattended or for an extended period of time.
(k) Batteries should only be charged on a non-combustible surface.
(l) Batteries should not be exposed to any extremes of temperature or to moisture.
(m) Batteries should not be carried loose in pockets or bags where they may come into contact with other metal items. Batteries should be stored and transported in non-conductive containers.
(n) Batteries should be checked for damage prior to charging. A battery showing any signs of damage or which may have been exposed to extreme temperatures or moisture should not be charged but should be safely disposed of.
(o) Whilst every measure has been taken to ensure the safety of our batteries, we cannot be held responsible for any personal injury caused by or attributable to a failure to comply with the warnings and instructions contained in this clause or the instructions provided with the product.
2.2. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
You may only purchase our Products if you are over the age of 18. It is a legal requirement for us to take certain steps to verify your age. We therefore require you to create an account with us and to enter certain information including your full name, address and date of birth. On first registration of your account, or if you already have an account with us, on your next purchase of Products, we will carry out checks to verify your age. If our checks appear to show that you are not legally entitled to order the Products, you will be referred to our Customer Services team who will endeavour to assist you. If we are still unable to verify that you are over the age of 18, we shall be entitled to cancel your order immediately, without notice.
If you falsely declare your age to us and/or deliberately enter false information, you shall be held responsible for all costs, expenses, losses, damage fines and other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from us, you hereby consent to us undertaking a search with Experian (or any other 3rd party age verification service) for the purposes of verifying your identity. In order to verify your identity and age, a third party professional verification service may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained, and if successful, you should not have to undergo verification again unless your personal details change.
This clause 6 only applies if you are a consumer.
7. IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
7.1. 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.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1. Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
8.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
8.3. We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
9. OUR RIGHT TO VARY THESE TERMS
9.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
9.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) changes in our business practices.
9.4. 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.
10. YOUR CONSUMER RIGHT OF REFUND AND RETURN
This clause 10 only applies if you are a consumer.
10.1. 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 clause 10.3. 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 Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2. However, this cancellation right does not apply in the case of:
(a) sealed bottles of eliquid or packets of cartomisers once these Products are unsealed after you receive them;
(b) sealed kits or clearomisers once these Products are unsealed after you receive them; or
(c) any Products which become mixed inseparably with other items after their delivery.
10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
||The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
10.4. 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 on our website. A link to the website cancellation form will also be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at [email protected] or contact our Customer Services team by telephone on 01792 852843 or by post to Customer Services, Gower Enterprises Limited, Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. If you are e-mailing 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.
10.5 If you cancel your Contract we will:
(a) 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 (this may include opening sealed packaging where we will be unable to re-sell the goods due to hygiene reasons). 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.
(b) 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.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 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. For information about how to return a Product to us, see clause 10.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
10.6. 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.
10.7. If a Product has been delivered to you before you decide to cancel your Contract:
(a) 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 Contract. You can either send it back or return it to us in-store. Please see our Returns page for our returns address and how to arrange a return.
(b) unless the Product is faulty or not as described (in this case, see clause 10.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
10.8. 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. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Please refer to our warranties in Clause 15 below.
10.9. If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.10. In addition to your statutory rights above, we offer a 90 day period for you to return non-faulty products for an exchange or refund. You can either send it back or return it to us in-store. Returns page for our returns address and how to arrange a return. If you have returned the Products to us under this clause 9 because you have changed your mind, we will:
(a) refund you the price you paid for the Products. However, the Products must be returned in an unopened, unused and resaleable condition. In particular any sealed packaging or tamper-proof seals must be unbroken and undamaged otherwise we will not be able to refund you any of the price paid.
(b) refund any delivery costs you have paid, although, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. 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.
10.11. You will be responsible for the costs of returning the Products to us.
11.1. We will advise you of the estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
11.2. If Products are sent by a signed for service (whether Royal Mail or other courier) and no one is available at your address to take delivery, you will be left a card advising of the attempted delivery and how to rearrange delivery or collect your Products. If more than one delivery attempt is made or you do not collect the Products as instructed, the Products may be returned to our premises, in which case, please contact us to rearrange delivery at your cost.
11.3. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.4. You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 11.6 only applies if you are a consumer.
11.5. If any Products are not delivered within 30 days of your Order then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
11.6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, 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.
11.7. If you do choose to cancel your Order for late delivery under clause 11.6 or clause 11.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
12. INTERNATIONAL DELIVERY
12.1. If you wish to place an order for delivery to a destination outside the United Kingdom (an “International Delivery Destination”), please contact us at [email protected] or on (0044) 1792 852843 before placing your order.
12.2. If you order Products from our site for delivery to an International Delivery Destinations, 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.
12.3. 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.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1. The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
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 Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
13.5. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you or if payment has already been taken we will refund the difference paid by you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. HOW TO PAY
14.1. You can only pay for Products using a debit card or credit card or via PayPal. We accept the following cards: Visa, Mastercard and Maestro.
15. OUR WARRANTY FOR OUR PRODUCTS
15.1. We provide the following warranties:
(a) for charging equipment, that on delivery and for a period of 12 months from delivery, the charging equipment shall be free from material defects;
(b) for clearomisers (or “tanks”), but not including Aspire CE5 branded clearomisers, that on delivery and for a period of six months from delivery, the clearomiser shall be free from material defects. For Aspire CE5 branded clearormisers, that on delivery and for a period of one month from delivery, the Aspire CE5 clearomiser shall be free from material defects.
(c) for batteries (including “mods”), that on delivery and for a period of 3 months from delivery, the batteries shall be free from material defects; and
(d) for cartomisers and coils, that on delivery only, these Products shall be free from material defects;
however, these warranties do not apply in the circumstances described in clause 15.3 or 15.4.
15.2. These warranties do not apply in the circumstances described in clause 15.4 or 15.6.
15.3. Warranty claims for clearomisers, cartomisers or coils will only be accepted within 5 days of your receipt of these Products.
You must notify Customer Services of the problem by email to [email protected], by phone on 01792 852843 or by post to Customer Services, Gower Enterprises Limited, Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP.
15.4. We are unable to accept claims for atomisers or coils that have been purchased or used for the purpose of ‘sub-ohming’ as this causes a high rate of burn out of atomisers. We recommend that you purchase spare atomisers or coils if you intend to use our products for this purpose.
15.5 Warranty claims for all other Products must be made as soon as possible after becoming aware of the defect by notifying Customer Services by returning the faulty product to one of our stores or email to [email protected], by phone on 01792 852843 or by post to Customer Services, Gower Enterprises Limited t/a E-Cigarette Direct, Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP.
15.6. The warranty in clause 15.1 does not apply to any defect in the 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 Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
15.7. Following receipt of your notification of a problem with a Product, you may be contacted by a member of our Customer Services team who will endeavour to resolve the issue if possible. If the problem cannot be resolved by Customer Services, you will be asked to return the Product in question at your cost for inspection and testing. If we agree that the Product is faulty, we will refund or replace the Product and we refund you the cost of returning the Product, although the maximum refund will be the costs of return by the least expensive return method available.
15.8. If you are a consumer, these warranties are in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies 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.
If you wish to purchase Products for resale purposes please contact our Wholesale Team on 01792 852843. Purchases made by you for resale purposes shall be subject to our Wholesale Terms and Conditions of Supply.
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.4. Subject to clause 18.2, 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.
16.5. Subject to clause 18.2, our total liability to you in respect of all 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 110% of the price of the Products.
16.6. 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.
17. 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, 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 this 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 resale 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.
18. 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 19.2.
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 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.
19. COMUNICATIONS 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:
(a) 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.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
20. 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 16 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 17, 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 to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7. If you are a business, 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) shall be governed by and construed in accordance with the law of England and Wales.
20.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).