Terms & Conditions

1)WEBSITE TERMS AND CONDITIONS

 

a)      In these Terms of Use, references to weus or our (or words of similar import) means A Marron trading as Corduff Joinery, & handleslocksandhinges whose registered office is at Umerafree, Corduff, Carrickmacross, Co. Monaghan.

 

b)      In these Terms of Use, references to you means the person accessing and using the Website (as defined below). If you use this Website on behalf of a company, organisation or other entity, then

 

i)        you includes you and that company, organisation or other entity, and

ii)       you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity.

 

c)       This website www.handleslocksandhinges.com is operated by us. These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you may not use this Website.

 

d)      The supply of any goods, products or services you order from the Website is subject to our applicable Terms and Conditions of Sale and Supply and any other relevant terms and conditions. We will use your personal information in accordance with our Privacy Policy.

 

e)      We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website. The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

 

2)      WEBSITE USE AND ACCESS

a)      We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise.

b)      You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

c)       From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

d)      We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

e)      You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

f)       You must not use this Website in any way that interferes with our systems, other users in particular this website must not be used by you in any way that  harasses, menaces or harms anyone.

g)      You must not use this Website to make any speculative, false or fraudulent orders.

3)      INTELLECTUAL PROPERTY

a)      This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material). All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us.

b)      Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You must not assert or attempt to obtain any such rights.

c)       You acknowledge our rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.

d)      Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.

e)      You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.

f)       The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

g)      This Website also contains certain trade marks (whether granted or applied for), graphics, logos and service names (collectively, Devices). The Devices are owned exclusively by us and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us and you must not use those trade arks without the permission of the respective owners.

4)      CONTENT ACCURACY

a)      This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

b)      Without limiting paragraph a) above this Website may from time to time contain guides and instruction that are provided for general information and background purposes only. The guides should not be relied upon as professional advice or as the sole source of information.

5)      LIABILITY

 

a)      If you are acting as a consumer

b)      If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your use of our Website, to the extent not prohibited by law, we accept no liability for any:

i)        loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or

ii)        if it was contemplated by you and us at the time you started to use our Website);
loss which arises when we are not at fault or in breach of these Terms of Use;

iii)     and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

c)       If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer.

d)      If you are acting as a business user

e)      If you are acting in the course of a business, trade or profession) in your use of our Website (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.

f)       If you are acting as a business user in your use of our Website, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses:

i)         loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or any indirect or consequential loss.

g)      If you are acting as a business user in your use of our Website, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information.

h)      Liability provisions that apply whether you act as a consumer or business user.

i)        We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

j)        We will not be liable for the accuracy and suitability of (i) design tools on this Website and (ii) designs, plans or other similar materials created using this Website or the design tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such design tool, designs, plans or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such design tool, designs, plans or similar materials are appropriate for your project.

k)      Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law

DELIVERY TERMS

WE PRESENTLY ONLY DELIVER TO IRELAND AND THE UNITED KINGDOM ONLY

The delivery charges for all online purchases are as follows:

 

Delivery charge of most Small Parcels within the island of Ireland is only €10.00. (Multiple Small items are allowed for this price.) Products will be delivered by Fastway Couriers Ireland or another independent courier service.

Delivery charge of most Small Parcels to the United Kingdom is only €20.00. (Multiple Small items are allowed for this price.) Products will be delivered by UPS, Parcel Force or another independent courier service.

All items will be dispatched from our premises at Umerafree, Corduff, Carrickmacross, Co. Monaghan, Rep of Ireland. Our employees physically check all goods prior to dispatch from our premises.

Delivery Charges on larger orders will be calculated based on weight but the dimensions and type of product may also affect the delivery charge.

You will receive an emailed confirmation once your order has been dispatched

A signature by a person over the age of 18 is required to receive the order. You will then become the owner of the items and we will not be liable for their loss or destruction.

Any damages / breakages must be reported to our online store within 24 hours of delivery.

 

The transport company or delivery service will contact you in advance to confirm delivery times. If it is the case that you will not be available to accept delivery it is your sole responsibility to  make alternative arrangements in respect of your delivery with the transport company or delivery service.

Deliveries times within the island of Ireland*.

We normally expect your order to be delivered within 2 - 4 working days, for example an order placed on Monday morning should arrive on Thursday and an order placed on Friday morning should arrive on Wednesday.  Please note: Delivery date may be affected by stock availability and location of delivery; however a member of staff will be in contact in such a situation.

* We are unable to accept orders for delivery outside the island of Ireland or to islands surrounding the coast of Ireland.

Deliveries times to the United Kingdom.

We normally expect your order to be delivered within 4 - 6 working days, for example an order placed on Monday morning should arrive no later than the following Monday etc. Please note: Delivery date may be affected by stock availability and location of delivery; however a member of staff will be in contact in such a situation. 

TERMS & CONDITIONS OF SALE

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY.

 

WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS AND THE LIMITS OF OUR LIABILITY AS DETAILED HEREIN

 

1)      Words used in these Terms: In these Terms, when we say:

 

a)      you or your, we mean you, the customer ordering and purchasing Products; If you order Product(s) on behalf of a company, organisation or other entity, then (i) you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.

b)      we, us or our, we mean A Marron trading as Corduff Joinery & Handleslocksandhinges from whom you purchase Product(s),

c)       “Delivery Terms”, we mean the terms that apply to our Product delivery services, full details of which can be found below.

d)      “Order” we mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as we may permit from time to time;

e)      “Our agreement” we mean our agreement as defined in clause 2;

f)       “Privacy Policy” we mean our privacy policy, full details of which can be found on our Website;

g)      “Product or Products” we mean the goods and products that we sell;

h)      “Terms” we mean these terms and conditions of sale; and

i)        “Website” we mean the website www.handleslocksandhinges.com that is operated by us or on our behalf.

 

These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. By submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.

 

These Terms are only in the English language. If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.

 

2)      OUR AGREEMENT

 

a)      Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote we may give or any promotional or special offers (together our agreement).

 

3)      ORDER PROCESS & BINDING CONTRACT

 

a)      You will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the check out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.

 

b)      Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement and subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

 

c)       Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:

 

i)        Where you place an order via the Website, we accept your order when the Products are despatched to you.

 

ii)       Where you place an order via the Website for Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those Products, whichever is earlier;

 

d)      When you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.

 

e)      We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).

 

f)       If we accept your order, we have a legal duty to supply our Products in conformity with our agreement.

 

4)      BUYING FROM US

 

a)      You must be 18 or over to purchase Products from us via our Website. Certain Products can only be purchased if you satisfy the legal age requirement for that Product which can be found in the relevant Product description. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage please do not attempt to order or purchase these Products. By ordering and/or purchasing Products you agree that you satisfy the legal age requirements for those Products. We reserve the right not to supply any age restricted Products where we reasonably believe that you are below the relevant legal age for those Products.

 

b)      We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.

 

c)       Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchase a sample in advance.

 

d)      If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out below will not be available unless the Products are faulty or incorrectly delivered.

 

5)      PRICE, DELIVERY CHARGES AND AVAILABILITY

 

a)      Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT)

b)      Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.

c)       We may update prices at any time. Despite our best efforts, a small number of the products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

d)      From time to time we may apply promotional prices to Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.

e)      Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote.

f)       All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.

 

6)      PAYMENT

 

a)      The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.

b)      We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.

c)       Payment can be made by most major credit or debit cards / paypal in accordance with the payment methods section of our Website.

d)      If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

e)      We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

f)       The Credit Card Processing function on this website is provided by AIB Bank PLC and we will not be liable for any action or omission committed by them which results in loss to you.

g)      You are responsible for all orders placed by your authorised employees or agents.

 

7)      RECEIVING YOUR PRODUCTS

 

a)      If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Delivery Terms.

b)      You can see a full set of our Delivery Terms on the Website.

c)       Subject to availability and our Delivery Terms, where we have agreed to deliver the Products, we will use reasonable endeavours to do so on any specified date we agree. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.

d)      You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we may need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.

e)      For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location.

f)       Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.

g)      If you do not receive your Products on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.

h)      Each Product remains our property until you have paid for it in full or we have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you or collection of the Products by you (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.

i)        Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.

 

8)RIGHT OF CANCELLATION UP TO 14 DAYS AND RETURNS.

 

a)      STATUTORY RIGHT - Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party nominated by you (other than the carrier) receives the products purchased (or last good or item if it relates to products or multiple items delivered separately) or from the day of the conclusion of the contract.

b)NOTIFICATION - You must inform us of your decision to cancel your order at any time within this period of 14 days.

c)       REIMBURSEMENT - We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise.  If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order. If you paid via paypal we will issue a refund to your payable account. You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

d)      FOLLOWING CANCELATION, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:

i)        you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you);

ii)       we receive the Products you returned to us, where you are in receipt of the Products; or

iii)     you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them

e)      COST OF RETURN -  You will be liable for the direct cost of returning these products. You may be liable if the value of the products returned diminishes due to the handling of the products (except when it was necessary to establish the nature, characteristics and functioning of the products).

f)       RETURN - You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we expressly agree in writing otherwise.

g)      DAMAGED RETURNS - We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be considered appropriate.

h)      EXCEPTIONS TO THE RIGHT OF CANCELLATION - The right of cancellation does not apply to:

 

-        the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparately mixed with other items;

-        Products which are cut, made to measure, bespoke or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered

-        the supply of products which may deteriorate or expire rapidly;

 

9)FAULTY OR DEFECTIVE PRODUCTS.

 

a)INSPECTION - On receipt of the Product(s) you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.

b)COST OF RETURNS - Unless the Product(s) is /are faulty or not as described or purchased and delivered simultaneously while we are in your property, you will be responsible for the cost of returning the Product(s).

c)REPLACEMENT - In addition to the right to cancel an order as described at 7) above, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Should this situation arise you can call  us on 042 9669422 (or 0035342 9669422 if you are calling from outside the Republic of Ireland) (lines are open 10am to 5pm weekdays).

 

10)   LIABILITY

 

If you are acting as a consumer

 

a)       (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:

 

i)        loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);

ii)       loss which arises when we are not at fault or in breach of our agreement; and

iii)     business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

 

b)      If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer.

 

 

 

If you are acting as a business customer

 

a)      , trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.

 

b)       if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

 

-        loss of profits, revenue, sales, income, or business;

-        loss of savings;

-        loss of use or production;

-        loss of goodwill;

-        business interruption;

-        subject to clause 9, remedial costs if the Products are damaged or defective;

-        damage to property or possessions through use or misuse of the Products;

-        loss caused by delay or other late performance; and

-        indirect or consequential losses.

 

c)       If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement.

d)      If you are acting as a business customer in your ordering and/or purchasing of Products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

e)      We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.