1. ABOUT Us
We are Uzma Bozai. Our trading address is Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL. Our VAT number is GB 845 1313 46.
If You are under 18 please obtain the permission of Your parent or guardian before registering to Use or uploading any information on this Website.
2. WEBSITE TERMS AND CONDITIONS OF USE (“Terms”)
We are committed to providing a Website that is accessible to the widest possible audience, regardless of ability.
If You have any problems accessing or Using this Website or any of the Website contents please contact Us by post at Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL, by telephone on 01209 705162, or by email at [email protected]
The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage You may experience or incur by sending personal or confidential information to Us over the Internet or if We send You such information at Your request.
If You choose to give Us personal information via the Internet We may need to correspond with You, for example, to let You know how We will Use such information. If You inform Us that You do not wish to have this information Used as a basis for further contact with You then We will respect Your wishes.
Please note that any email sent to or from Ourselves via this Website and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to email.
We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by email.
Cookies are software applications which are placed onto the hard drive of Your computer by Websites. The aim of a cookie is to track a User’s navigation on this Website and store the information on the User’s hard drive. They do not identify Users personally but they do identify each User’s computer. Our cookies don’t store sensitive information such as Your name, address or payment details: they simply hold the ‘key’ that, once You are signed in, is associated with this information.
We Use the following cookies:
- Strictly necessary cookies These are cookies that are required for the operation of this Website. They include, for example, cookies that enable You to log into secure areas of this Website or Use a shopping basket.
- Analytical/performance cookies They allow Us to recognise and count the number of visitors and to see how visitors move around this Website when they are using it. This helps Us to improve the way this Website works, for example, by ensuring that Users are finding what they are looking for easily.
- Functionality cookies These are used to recognise You when You return to this Website. This enables Us to personalise Our content for You, greet You by name and remember Your preferences (for example, Items in Your shopping basket).
- Targeting cookies These cookies record Your visit to Our Website, the pages You have visited and the links You have followed. We will Use this information to make Our Website and the advertising displayed on it more relevant to Your interests. We may also share this information with third parties for this purpose.
We’re giving You this information as part of Our initiative to comply with recent legislation, and to make sure We’re honest and clear about Your privacy when using this Website.
You can find more information about the individual cookies We Use and the purposes for which We Use them in the tables below.
On this Website We Use and control the following:
|Magento Session cookies||_atuvc (session cookie) Expires after 2 years _Frontend (page tracking cookie) Expires after 3 hours||These are session cookies which We Use to remember Your log-in for You and what You’ve put in Your shopping basket. These are necessary for the working of the Website. If these are disabled then various functionality of the Website will be broken.|
Third Party Cookies
We do have relationships with carefully-selected and monitored suppliers who may also set the following analytical cookies during Your visit to this Website.
|Google Analytics||_utma, __utmb, __utmc, __utmz:||We Use these to understand how the Website is being Used in order to improve the User experience. They provide analytical data to track Your Use of the Website.
User data is anonymous.
These cookies will expire as follows:
|You can find out more about Googles position on privacy and its polices and principles as regards advertisingwww.google.com/policies/privacy/ads|
These cookies are used for analytical and services based on what You appear to be interested in. Please note although We allow these cookies to access this Website We do not control what these cookies do while operating on this Website.
When You visit this Website You may notice some cookies that are not related to this Website. If You go on to a Web page that contains embedded content, for example from YouTube, You may be sent cookies from the Website providing the embedded content. We do not control the setting of these cookies, so We suggest You check the third-party Websites for more information about their cookies and how to manage them.
You can block cookies on this Website by activating the setting on Your browser that allows You to refuse the setting of all or some cookies.
However, if You Use Your browser settings to block all cookies (including strictly necessary cookies) You may not be able to access all or parts of this Website and Your shopping experience on this Website will be limited to browsing and researching; You will not, for example, be able to add products to Your shopping basket and buy them.
Each browser is different so click the ‘Help’ menu of Your particular browser (or Your mobile phone’s handset manual) to learn how to change Your cookie preferences.
If You’re not sure of the type and version of Web browser You use to access the Internet:
For PCs Click on ‘Help’ at the top of Your browser window and select the ‘About’ option
For Macs With the browser window open, click on the Apple menu and select the ‘About’ option
Further information about cookies If You would like to learn more about cookies in general and how to manage them, visit www.aboutcookies.org.uk(opens in a new window – please note that We cannot be responsible for the content of external Websites).
You may not link to this Website or frame this Website on any Website without Our prior written permission.
We do not accept any responsibility for the information or practices of any third party Websites linked to this Website. We make no representations about any third party Websites which You may access through links on this Website.
The inclusion of links to third party Websites contained on this Website does not mean that We endorse such third party Websites.
A third party Website accessed from a link on this Website is independent from Ourselves and We have no control over the content and/or management of that Website. You view and rely upon the contents of any such third party Website at Your own risk. We accept no liability to You for the contents of and/or information on any third party Website.
We shall have no liability to You for any loss or damage You may suffer if You enter into any contract as a result of viewing a third party Website linked to this Website.
We do not guarantee that any links to third party Websites contained on this Website will function correctly.
Accessing the Website
Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend this Website or any part of it without notice. We will not be liable if for any reason this Website or any part of it is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of this Website, or the entire Website, to Users who have registered with Us.
If You chose, 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, if in Our opinion You have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for You to have access to this Website. You are also responsible for ensuring that all persons who access this Website through Your internet connection are aware of these Terms and that they comply with them.
We may from time to time provide interactive services on this Website, including, without limitation any discussion forums or services which allow You to post comments in this Website.
We are under no obligation to oversee, monitor or moderate any interactive service We provide on this Website, and We expressly exclude Our liability for any loss or damage arising from the Use of any interactive service by a User in contravention of Our content standards, whether the service is moderated or not.
Uploading Material to This Website
Whenever You make Use of any feature that allows You to upload material to this Website or post comments or messages for others to read, or to make contact with other Users of this Website, You must comply with the content standards set out below. You warrant that any such contribution complies with those standards, and You agree to reimburse Us for any liability which We may incur as a result of Your contribution not complying with those standards.
Any material You upload to this Website will be considered non-confidential and non-proprietary, and We have the right to retain, Use, copy, distribute and/or disclose to third parties any such material for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to this Website constitutes a violation of their rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other User of this Website.
We have the right to remove any material or posting You make on this Website if, in Our opinion, such material does not comply with the content standards set out below.
These content standards apply to any and all material which You upload, post or otherwise contribute to this Website, and to all interactive services provided on this Website. The standards apply to each part of any contribution as Well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, design right, database right, trade mark or any other intellectual property rights of any other person;
- be likely to deceive;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocate, promote or assist any illegal activity or unlawful act;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be Used to impersonate any person, or to misrepresent Your identity or affiliation with any person;
- give the impression that they emanate from Us, if this is not the case.
Failure to comply with these contents standards constitutes a material breach of these Terms and may result in Our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of Your permission to Use this Website;
- immediate, temporary or permanent removal of any posting, message or material contributed by You to this Website;
- issue of a warning to You;
- legal proceedings against You for appropriate court orders, compensation and/or reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as We reasonably feel is necessary or are required to disclose.
The responses described above are not limited, and We may take any other action We reasonably deem appropriate.
All Website design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this Website and the intellectual property rights in them are owned by Uzma Bozai or Our licensors unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Infringement of any rights in this Website or the materials associated with this Website may lead to criminal and/or civil sanctions in the UK, Us and other countries.
Permission is granted to You to electronically copy and to print hard copy portions of this Website for Your personal reference provided You agree not to change and/or delete any content, Web design and/or layout contained in that material and acknowledge Us (and any identified contributors) as authors of such material. All other Use of materials on this Website including modification, distribution, or re-publication is strictly prohibited.
If You copy, print or download material from this Website in breach of these Terms You must immediately cease to Use this Website and erase, destroy and/or return any unauthorised materials to Us.
If You believe that any content of this Website in any way infringes intellectual property rights belonging to You or any third party please contact Us immediately identifying Your rights, the material You claim is infringing Your rights and Your full contact details.
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will Use Our reasonable endeavours to prevent contamination of any material sent to You with any virus or similar destructive code.
We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software Used by You may suffer as a result of Your accessing this Website and/or any other communication via the Internet between You and Ourselves.
It is Your responsibility to scan what You choose to download from this Website to ensure that it is free of such items as viruses, worms, trojan horses, logic bombs and other similar destructive code.
You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code to this Website, attempt to gain unauthorised access to this Website, the servers on which it is stored or any server, computer or database connected to this Website, nor attack this Website Using a denial of service attack. To the extent that You do any of these things, We may report such activities and disclose personal data relating to You to any relevant law enforcement agency.
Neither We nor any of Our affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the Use of and/or inability to Use this Website.
We provide this Website and its contents on a “as is” basis and for general information only. The content included on this Website does not constitute advice on any specific matter and it is not a substitute for independent advice. We will not be liable for any losses arising out of any reliance placed on the content of this Website by You, or any person informed of its contents.
While every effort has been made to ensure the content of this Website is accurate and up to date We make no (and expressly disclaim all) representations or warranties, express or implied, of any kind with respect to this Website or its contents including, but not limited to, in respect of the accuracy or completeness of this Website and its contents and/or any warranties of merchantability and/or fitness for a particular purpose.
The limitations of liability in relation to this Website apply to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
The limitations of liability in relation to this Website do not limit Our liability to the extent that it cannot be limited and/or excluded by applicable law, for example consumer law.
Your Use of this Website is subject to English law. Any dispute and/or claim arising out of this Website is subject to the non-exclusive jurisdiction of the English Courts.
You are liable for any telephone charges and any charges made by Your internet service provider as a result of Your Use of this Website.
Any rights not expressly granted by Us are reserved.
If You have any concerns about material which appears on this Website, please contact Us at by post at Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL, by telephone on 01209 705162, or by email at [email protected]
These Terms are effective as of 4th June 2015.
This Policy sets out the basis on which any personal data which We may collect from You, or which You provide to Us, will be processed by Us. Please read the following carefully to understand Our views and practices regarding Your personal data and how We will treat it.
For the purpose of the Data Protection Act 1998 Uzma Bozai is the data controller of any personal data which We may collect from You, or which You provide to Us, on this Website.
Data Protection and Privacy
We may collect and process data about You including, but not limited to, information You provide:
- when You contact Us on this Website, over the telephone or by email;
- at the time of registering to purchase products from Us;
- at the time of registering to receive Our newsletters and/or to receive other information from Us;
- at the time of registering to Use any interactive elements on this Website; and/or
- by way of cookies (please see Our Cookies Policy for further information).
We will comply with the requirements of all relevant data protection legislation in force from time to time. In particular You may request a copy of any personal data held by Us about You upon written application. Please note We reserve the right to charge the current maximum statutory fee for providing such information. If You believe that any personal information We hold about You is incorrect or incomplete please contact Us immediately. Any information found to be incorrect will be corrected promptly.
You have the right to ask Us not to process Your personal data for marketing purposes.
We intend to manage any information learned about You in an ethical manner. We may Use Your personal data to:
- ensure that content from this Website is presented in the most effective manner for You and for Your computer;
- carry out Our obligations arising from any contracts entered into between You and Us;
- allow You to participate in interactive features of Our service, when You choose to do so;
- provide You with information, products or services that You request from Us; and/or
- notify You about changes to Our service.
We may also use Your personal data to contact You about products and/or services which may be of interest to You.
If You are an existing customer, We will only contact You by email with information about products similar to those which were the subject of a previous sale to You.
If You have not yet purchased products from Us, We will contact You by email only if You have consented to this.
We will not pass Your data on to third parties for marketing purposes by those third parties.
If You do not want Us to Use Your data in this way please tick the relevant boxes situated on the relevant registration forms on the Website or if You communicate with Us over the telephone, confirm this to Us when prompted by Our representatives.
If You initially wish for Us to Use Your personal data in this way, but You change Your mind later, You may tell Us by sending Us an email to [email protected], by clicking the “unsubscribe” link on any marketing email We send to You and/or by contacting Us by post at Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL.
Disclosure of Your information
We may disclose Your personal information to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1162 of the UK Companies Act 2006.
We may disclose Your information to third parties if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply Our agreements with You; or to protect Our rights, property, or Our safety and/or the safety of Our customers, or others.
We may also disclose Your information to the suppliers of products and/or services You have ordered from Us and/or Our couriers in order to fulfil orders placed by You.
Where We store Your information
The personal information that We collect from You may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. Such staff maybe engaged in, among other things, the fulfilment of Your order, the processing of Your payment details and the provision of support services. By submitting Your personal data, You agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Policy.
All information You provide to Us is stored on Our secure servers. Any payment transactions will be encrypted. Where We have given You (or where You have chosen) a password which enables You to access certain parts of this Website, You are responsible for keeping this password confidential. We ask You not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although We will do Our best to protect Your personal information, We cannot guarantee the security of Your data transmitted to this Website; any transmission is at Your own risk. Once We have received Your information, We will Use strict procedures and security features to try to prevent unauthorised access.
Changes to this Policy
Any changes We may make to this Policy in the future will be posted on this page and, where appropriate, notified to You by email.
Questions, comments and requests regarding this Policy are Welcomed and should be addressed by post to Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL, by telephone on 01209 705162, or by email at [email protected]
This Policy is effective as of 4th June 2015.
4. CONDITIONS OF SALE
The order form, any order acknowledgement and any dispatch confirmation We issue and these conditions together form Our contract with You and are binding on You. Please read them carefully, check You understand them and that they only contain terms You are prepared to agree to.
Nothing in this contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
“Consumer” means any person who purchases Products from Us not in the course of business;
“Contract” means any contract between You and Us incorporating these conditions, the Order Form and any order acknowledgement issued by Us for the sale of Products;
“Dispatch Confirmation” means Our email confirmation that We have dispatched Your order;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Order Form” means any order form for Products submitted by You on the Website;
“Products” means any products and/or goods to be supplied by Us to You under the Contract;
“Suitable for Re-Sale” means Products which are undamaged, unworn and unwashed with the packaging of the Product intact and with the swing tag attached;
“Website” means the Website situated at the URL uzmabozai.com;
“We, Us, Our” means Uzma Bozai whose trading address is Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL; and
“You, Your, Yours” means the person whose Order Form is accepted by Us.
2. Basis Of Contract
2.1 These conditions shall govern the agreement between Us and You.
2.2 Nothing in the Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a Consumer.
2.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by Us.
2.4 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products unless confirmed by Us in writing.
3. Orders And Contract
3.1 You are responsible for the accuracy of Your order including, but not limited to, the accuracy of all information You provide in the Order Form.
3.2 You are responsible for providing Us with all and any information necessary for Us to perform the Contract.
3.3 The Contract between Us and You shall come into effect when We accept Your Order Form by issuing a Dispatch Confirmation to You or when We start to deliver the Products if earlier. We will acknowledge Your Order Form by e–mail when We have received Your Order Form, however We will not have accepted Your order and the Contract between Us and You will not be formed until We send Our Dispatch Confirmation or We start to deliver the Products to You if earlier.
3.4 We may refuse to accept any order at any time before the Contract comes into effect. Our reasons for such refusal may include, but are not limited to, if Products are not available or, if We cannot obtain Your bank’s authorisation for Your payment.
4. Delivery and/or Performance
4.1 Dates and times for delivery and/or performance are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.
4.2 We will Use reasonable endeavours to ensure delivery and/or performance on the dates We notify to You.
4.3 We are not required to fulfil orders for Products in the sequence in which they are placed.
4.4 Unless We confirm otherwise, the Products will be delivered by Us or Our courier between 9am and 5pm on working days. Deliveries of Products will need to be signed for at the delivery address. Further delivery information is available on the Website.
4.5 If You refuse or fail to take delivery of the Products (unless this is due to Our fault) then:
4.5.1 You must pay any costs reasonably incurred by Us as a result of Your refusal or failure;
4.5.2 We shall be entitled to withhold delivery of any other Products; and
4.5.3 We may treat the Contract as cancelled by You.
5. Price And Payment
5.1 The price of the Products shall be as quoted by Us on the Website when You submit Your Order Form.
5.2 Except as otherwise stated, Our prices exclude delivery. We will confirm the applicable delivery costs at the time You submit Your Order Form.
5.3 Our prices are inclusive of any applicable VAT and any other applicable sales tax, but We will also show the price exclusive of VAT or any other applicable sales tax on the Website for Your information and the VAT exclusive price will apply for most sales to countries outside the European Union (“EU”).
5.4 While We try and ensure that all prices quoted on the Website are accurate, errors may occur. If We discover an error in the price of the Products You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the Products, You will receive a full refund.
5.5 Unless We agree otherwise, payment is due at the time You submit Your Order Form. If We do not accept Your order, We will refund You any payment made by You in respect of such cancelled order.
5.6 You must pay all sums due to Us in full by either debit or credit card. By ordering Products You are giving Us Your consent to pass details on to Our appointed secure payment provider for the purposes of processing Your payment.
5.7 We are responsible for paying any import charges and/or taxes which may be applicable to any order of Products purchased by You and for ensuring that the Products may be imported into the country to which they are to be delivered.
6.1 These cancellation provisions apply to any Consumers purchasing Products from Us. If You have returned Products to Us because they are defective please see condition 8.
6.2 You may cancel Your Contract for Products placed on the Website at any time within 28 days following the day on which You receive such Products.
6.3 If You want to cancel any Contract in accordance with this condition 6, You must notify Us in writing within the relevant timescale set out in this condition so that We may issue You with a Return Merchandise Authorisation (RMA) Number. You may Use the cancellation form at Schedule 1 to notify Us, but this is not obligatory.
6.4 If any Products have already been sent by Us to You, You must return the Products to Us in a condition Suitable for Re-Sale, in accordance with condition 6.5.
6.5 You shall promptly arrange for and pay for the return of such Products to Us within 14 days of the day on which You notified Us of Your decision to cancel. For the avoidance of doubt, You shall bear the cost of returning the Product to Us including any applicable duties and import taxes required for the return of the Product to Us.
We suggest that on receipt of Your RMA number, You fill in the Printed Returns Form enclosed with Your order and place this form inside Your return parcel and send to the return address below:
Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL
For international returns, to avoid incurring duties and local taxes when entering the UK, it is important that, when completing the shipping document, You clearly state in the description box “wearing apparel of UK origin being returned.”
It is suggested that You utilise a carrier who can provide proof of delivery and insurance to cover loss/damage.
Please notify Us of the details of Your shipment so that We can look out for Your parcel and process Your refund quickly.
6.6 If You cancel Your Contract in accordance with this condition 6 and You returned the Products to Us in a condition which is Suitable for Re-Sale You will receive a full refund of the price You paid for the Products and any applicable delivery charges at Our basic rate for the delivery of the Products to You at the time of You placing Your order. We will process the refund due to You as soon as possible and, in any case, within 14 calendar days of the day on which either We received the Products back from You or You provided evidence to Us that You have sent the Product back to Us in accordance with this condition 6 (whichever is the sooner). We refund You to the payment method Used by You to pay.
6.7 Risk in the Products shall remain with You until We receive the Products from You. This means You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products before We receive them back from You.
6.8 If You fail to return the Products to Us in a condition which is Suitable for Re-Sale, We will not refund the price of the Products and We will deliver the Products back to You at Your expense.
6.9 We shall not be obliged to agree to any cancellation requests submitted other than in accordance with these conditions. If We do agree to any cancellation request submitted other than in accordance with these conditions You agree to pay to Us Our reasonable costs and expenses incurred as a direct result of Your cancellation.
7.1 The quantity, quality, description and/or specification for the Products shall be that set out on the Website at the time of order placement and in any email order acknowledgement issued by Us.
7.2 You are responsible for checking the order acknowledgement is accurate and adequate for the Products to be supplied.
7.3 Details and/or specifications in brochures and price lists produced by Us are intended as a guide only and only give a general approximation of the Products.
7.4 We reserve the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products.
7.5 If We do make changes to the specification of the Products which have a material adverse effect then You shall have the right to cancel the Contract without Liability.
8.1 We have a legal obligation to supply Products in conformity with the Contract.
8.2 We guarantee that the Products will be free from defects in materials and/or workmanship on the date of delivery of the Products to You.
8.3 If You believe that any Products are defective then You should return the Products to Us.
8.4 If any Products prove to be defective under Our guarantee then We shall, at Our sole option, either repair or replace or refund the price of such Products. If You return the Products to Us and the Product proves to be defective under Our guarantee We will also refund to You the postage cost for return of the Product to Us.
8.5 If the Products are not defective We shall be entitled to charge You for any costs and/or expenses incurred by Us in redelivering the Products to You.
9. Ownership And Risk
9.1 Risk in the Products shall pass to You at the time they are signed for by any person at the delivery address provided on Your Order Form. This means that from the time of delivery You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products.
9.2 Delivery shall be deemed to occur at the time when the Products arrive at the place of delivery set out in the Order Form.
10.1 If You:
10.1.1 breach the terms of the Contract and, if the breach is capable of remedy, do not remedy the breach within 30 days of receiving notice from Us requiring the breach to be remedied;
10.1.2 persistently breach any one or more terms of the Contract;
10.1.3 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.4 propose to compound with Your creditors or have a bankruptcy petition presented against You;
10.1.5 appear to Us due to the Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or
10.1.6 appear reasonably to Us to be about to suffer any of the above events
then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in condition 10.2
10.2 If any of the events set out in condition 10.1 occurs in relation to You then:
10.2.1 We may terminate the Contract, withhold delivery of any undelivered Products and stop any Products in transit;
10.2.2 all monies owed by You to Us under this Contract and any other contract between You and Us shall immediately become due and payable.
11.1 We shall have no liability for inadequate packing or unsecure transmission of any product from You to Us.
11.2 Neither You nor We shall have any liability to each other for any matters which neither You nor We could foresee at the date of the contract.
11.3 We shall have no liability for any matters which were not caused by Our breach of the contract. You shall have no liability to Us for any matters which were not caused by Your breach of the contract.
11.4 If You are a consumer We shall have no liability to You for any liabilities You suffer which relate solely to any business undertaken by You.
11.5 Nothing in this contract shall exclude or limit Our liability for death or personal injury due to Our negligence or any liability which is due to Our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
11.6 Nothing in this contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect.
11.7 The limitations in this contract are necessary in order to allow Us to provide the products at their current prices.
11.8 If You require greater protection then We may agree to modify the limitations and extend Our guarantees in return for the payment of a higher price for the products.
12.1 Please contact Us:
12.1.1 by post at Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL;
12.1.2 by telephone on 01209 705162;
12.1.3 by email at [email protected]; or
12.1.4 via the Website
with any queries in relation to the Contract and/or the Products.
12.2 Our VAT registration number is GB 845 1313 46.
12.3 No waiver by Us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.4 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.5 Neither party shall have any Liability to the other for any delay in performance of the Contract (other than in relation to payment) to the extent that such delay is due to any events outside the affected party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If a party is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.6 You shall not assign Your interest in the Contract (or any part) without Our written consent.
12.7 All third party rights are excluded and no third party shall have any right to enforce the Contract.
12.8 The Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
MODEL CANCELLATION FORM
To Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL.
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Order number/ received on:
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s):