All images / text © Peggy Porschen. Peggy Porschen is a Registered Trade Mark 


CAKES IN BLOOM COMPETITION TERMS & CONDITIONS

Competition is open until midnight on Sunday 15th July 2018.
The competition mechanic requires the entrant to have an Instagram account.
A winner will be selected at random and notified via direct message on Instagram by Monday 16th July 2018.
Once notified the winner will have 48 hours to respond. Winner to supply a UK Mainland address for the book to be posted by Royal Mail. 
The Peggy Porschen prize is non transferable and there is no cash alternative.
The Peggy Porschen prize cannot be exchanged, refunded or sold for commercial gain via any re-seller or re-selling website.
Peggy Porschen reserved the right to modify, cancel, terminate or suspend the competition in whole or in part, at its sole discretion, if it believes the competition is not capable of being conducted as specified within these Terms and Conditions or in accordance with all applicable laws or regulations, or in the event of a virus, a computer bug or unauthorised human intervention or any other cause that is beyond reasonable control of Peggy Porschen that could corrupt or affect the administration, security, impartiality, or normal course of the competition. Neither Peggy Porschen nor any of its subsidiary of afflicted companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their reasonable control. For standard Peggy Porschen Ltd Terms and Conditions please see below.


Terms & Conditions of Sale

Our terms

1.          These terms

1.1          What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services which you order via our website.

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

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

     You are an individual.

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

Provisions specific to consumers only are in pink and those specific to businesses only are in purple.

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

2.              Information about us and how to contact us

2.1           Who we are. We are Peggy Porschen Group Ltd ('we'/'us'/'our'), a limited company (trading as Peggy Porschen Cakes and Peggy Porschen Cake Academy), registered in England and Wales under company number: 09123435 having our registered office at 166 College Road, Harrow, Middlesex, England, HA1 1RA. Our VAT Number is: GB 840 1501 75. Our business address is 116 Ebury Street, Belgravia, London, SW1W 9QQ.

2.2         How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 7730 1316 or by writing to us at by email at hello@peggyporschen.com or a letter to Customer Services, Peggy Porschen Cakes, 116 Ebury Street, Belgravia, London, SW1W 9QQ.

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

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

3.             Our contract with you

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

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3         Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4          Where we sell and deliver to. Our freshly baked cakes and cupcakes are available for delivery by courier within South West London (SW postcodes) only. For the avoidance of doubt, we do not deliver our baked cakes and cupcakes to anywhere else within the UK. See clause 7.9.

We sell and deliver baking equipment and books to individuals located within the UK and Europe. We, on occasions, will sell and deliver baking equipment and books outside of Europe on a wholesale basis. For example, to cake schools.

Whilst we offer academy courses to individuals from all around the world, the actual classes will only take place at our academy address located at 30 Elizabeth Street, London, SW1W 9RB.

For the avoidance of doubt, all deliveries are subject to adequate delivery, postage and packaging costs.  

3.5           If we agree to supply for delivery outside the United Kingdom, these goods may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

3.6          Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

3.7          We only sell to those over 18.  If you are under the age of 18, we may not accept your order and you must discontinue the order process now.

4.            Our products

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

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

5.             Your rights to make changes

5.1          If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.              Our rights to make changes

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

(a)       to reflect changes in relevant laws and regulatory requirements; and

(b)       to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7.              Providing the products

7.1           Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2           When we will provide the products. 

(a)     If the products are goods such as baking equipment and books. If the products are goods such as baking equipment and books, we aim to dispatch all orders within one working day and these items should arrive within 3-5 working days. If the product which you have ordered is unexpectedly out of stock, we will notify you immediately and arrange an alternative delivery date.

(b)       If the products are one-off services, such as academy classes. We will begin the services on the date agreed with you during the order process.  The services will be delivered at the address stated in the order process, but will normally be 30 Elizabeth Street, SW1W 9RD.  You are solely responsible for attending on the agreed day (including all transport and timing).   

(c)       If the products are goods such as fresh cakes. If the products are goods such as fresh cakes, you will be able to select your own delivery date when checking-out in the online shop. Please contact our Sales Executive for further details:  hello@peggyporschen.com

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

7.4           Cakes, cupcakes and confectionery orders can be collected from our in-store address, Peggy Porschen Parlour, 116 Ebury Street, London SW1W 9QQ. The Parlour is open 7 days per week (except on bank holidays) from 8am to 8pm. Simply choose ‘collection’ as well as your preferred date and time when placing your order online.

7.5          Customers are required to provide a valid order confirmation number and sign a disclaimer note upon collection to confirm that your order has been received in good condition. Whilst we will provide the customer with correct handling and storage instructions with each order, once collected, the responsibility for any damage through transportation lies with the customer.

7.6           Should for any reason an order not be collected in time, we will retain it for 24 hours to allow you sufficient time to call our customer service team on +44 (0)20 7730 1316 to re-arrange a new time for collection.  Please note that we do not offer refunds or replacements for orders that have not been collected within 24 hours after the agreed date and time.

7.7          If you are not at home when the product is delivered (other than cakes, cupcakes and other fresh goods – see below). If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.8           If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.9           Delivery of fresh and perishable produce including cakes and cupcakes. Freshly baked cakes and cupcakes are available for delivery by courier within South West London (SW postcodes), 7 days a week (except on bank holidays).  Customers are required to provide clear delivery instructions and a contact number for our delivery driver.  If, for any reason, the delivery cannot be accepted at the agreed time and location, we will take your order back and retain it for the next 24 hours during which time you can call us to request re-delivery at an additional charge or to arrange personal collection from our address.

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

7.11        When you own goods. You own a product which is goods once we have received payment in full.

7.12        What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, in relation to fresh cakes and cupcakes, we need detailed delivery instructions for our courier. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.            Your rights to end the contract

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

(a)       If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

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

(c)       If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)       In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause.

8.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)       we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

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

(c)       there is a risk that supply of the products may be significantly delayed because of events outside our control;

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

8.3          Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

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

(a)       perishable items or items that reduce in value once handled.  This includes any food products, including cakes and cupcakes. HOWEVER, we do offer a goodwill cancellation basis for these products where certain requirements are met (see  8.6 below);

(b)       bespoke products which may include bespoke cakes;

(c)       services, such as academy courses, once these have been completed, even if the cancellation period is still running;

(d)       products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

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

(a)       Have you bought services (for example, a course at the Peggy Porschen Academy? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.  

(b)       Cancellation of a course by you. If you cannot attend a course:

The Peggy Porschen Academy is unable to offer refunds on any courses booked. Transfers to another class may be made, but only in extenuating circumstances and at the sole discretion of The Peggy Porschen Academy team. In this case, The Peggy Porschen Academy must be advised in writing at least 1 month prior to the commencement of the class. In the event that you are unable to attend a class and would like to send someone to replace you, please notify the Academy in writing by email to academy@peggyporschen.com .

(c)     Cancellation of a course by us. If the Peggy Porschen Academy (PPA) has to cancel a course:

The Peggy Porschen Academy reserves the right to cancel or postpone a course if it sees necessary. In the unlikely event that a course needs to be cancelled or re-scheduled by the PPA, we will give as much notice as possible. We will offer a full refund of the cost of the course fee only, or the option to transfer to another available course. Please be advised that the PPA takes no responsibility for the travel or accommodation expenses you may have incurred, and we advise students who travel from afar to take out travel or cancellation insurance.

From time to time it is necessary to update, improve or amend existing course formats according to customer feedback, market trends or for operational reasons. The PPA reserves the right to change or make adjustments to the content of any course without giving prior notice to existing bookings. This will not affect the quality or value of the tuition.

(d)       Have you bought goods (for example, baking equipment?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

8.6          Cancellation of an order for a cake or other fresh produce:  If you wish to cancel your cake order you must give us the following minimum notice to qualify for a credit or refund:

(a)       6-inch layer cakes and cupcakes: 24 hours before delivery or collection

(b)       All personalised decorations, cakes larger than 6-inches, or any other cakes and cupcakes from our birthday and special occasion collections: 72 hours before delivery or collection.

8.7         Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.

9.            How to end the contract with us (including if you are a consumer who has changed their mind)

9.1          Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

(a)       Email. Email us at hello@peggyporschen.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)       Online. (Coming soon)

For the avoidance of doubt, notice to end the contract must be in written form.

9.2          Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at [ADDRESS] or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)20 7730 1316 or email us at hello@peggyporschen.com for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

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

(a)       if the products are faulty or misdescribed;

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

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

9.4          What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see delivery and shipping information.

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

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

(a)       Baking equipment and books: We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them.  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)       Cakes and cupcakes: For more details and advice on how to handle fresh, perishable products, such as our cakes and cupcakes, please see www.peggyporschen.com/product-information  

(c)       The maximum refund for delivery costs 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.

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

9.7           When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

(a)       If the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 9.2.

(b)       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.           Our rights to end the contract

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

(a)       you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, detailed delivery instructions for cakes and cupcakes;

(c)       you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

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

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

11.           If there is a problem with the product or service

11.1        How to tell us about problems. If you have any questions or complaints about any of our products or services, please inform our customer service team immediately on +44 (0)20 7730 1316 [SIP1] 

12.           Your rights in respect of defective products if you are a consumer

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


Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain  exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

If your product is goods, for example baking equipment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

See also clause 8.3.

If your product is services, for example academy courses or tickets to an event, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 8.2.

 

12.2        Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)20 7730 1316 or email us at hello@peggyporschen.com for a return label or to arrange collection.

13.           Your rights in respect of defective products if you are a business

13.1        If you are a business customer we warrant that on delivery and for a period of 12 months from delivery, any products which are goods shall:

(a)       conform in all material respects with their description and any relevant specification;

(b)       be free from material defects in design, material and workmanship;

(c)       be fit for any purpose held out by us;

(d)       be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

13.2        Subject to clause 13.3, if:

(a)       you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

(b)       we are given a reasonable opportunity of examining such product; and

(c)       you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3        We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:

(a)       you make any further use of such product after giving a notice in accordance with clause 13.2(a);

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

(c)       the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)       you alter or repair the product without our written consent; or

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

13.4        Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.

13.5        These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

14.           Price and payment

14.1        Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

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

14.4        When you must pay and how you must pay. We accept payment with any major credit or debit card through Sage Pay and PayPal .  When you must pay depends on what product you are buying:

(a)       For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)       For services (i.e. booking an academy place), you must make an advance payment of the total booking amount. We will charge your credit or debit card on contacting you to confirm acceptance of your order.

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

14.6        What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

15.           Our responsibility for loss or damage suffered by you if you are a consumer

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

15.2        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.

15.3        When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

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

16.          Our responsibility for loss or damage suffered by you if you are a business

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

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

(b)       fraud or fraudulent misrepresentation;

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

16.2        Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3        Subject to clause 16.1:

(a)       we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

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

17.           How we may use your personal information

17.1        How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

18.           Other important terms

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

18.2        You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the transfer would place too much risk on us, or it would be damaging to our business (i.e. transferred to a competitor).

18.3        Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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

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

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

18.7        Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at www.consumer-dispute.co.uk.

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