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, services or digital content.
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, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are MUTU System Limited a company registered in England and Wales. Our company registration number is 08140536 and our registered office is at Hays Galleria, 1 Hays Lane, London, SE1 2RD United Kingdom. Our registered VAT number is 178995329.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)1326-741130 or by writing to us at [email protected] or Hays Galleria, 1 Hays Lane, London, SE1 2RD United Kingdom, United Kingdom.
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 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 We sell internationally. Our website is for the promotion of our products in the UK, the USA and around the world. We do accept orders from and deliver to addresses outside the UK, although there may be some countries where we cannot deliver our products. Please contact us if you need more information on which countries we deliver to.
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 on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product, unless it is necessary to amend the format of the digital content due to a previously undiscovered security threat. Should this happen we will guide you through any changes.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
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.
7.2.1 If the products are goods. If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
7.2.2 If the products are one-off services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
7.2.3 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
7.2.4 If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 10 or we end the contract by written notice to you as described in clause 12.
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 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9.00am-5.30pm on weekdays (excluding public holidays).
7.5 If you are not at home when the product is delivered. 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.
7.6 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 12.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.
7.8 Your legal rights if we deliver late. You have legal rights in the UK if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.8.1 we have refused to deliver the products;
7.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, 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. For UK customers, we will pay the costs of postage or collection. Please call customer services on +44 (0)1326-741130 or email us at [email protected] for a return label or to arrange collection.
7.11 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.12 When you own goods. You own a product which is goods once we have received payment in full.
7.13 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, your name, email address, postal address and credit card information. 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 have not already provided this. 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 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.14.1 deal with technical problems or make minor technical changes;
7.14.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.14.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.15 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer 7 days in any month we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.16 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5).
8. FOR CUSTOMERS IN THE UNITED STATES OF AMERICA ONLY:
8.1 The information, products and services offered on or through this website and by MUTU System Limited and any third-party websites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this website, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
8.2 We do not warrant or make any representations regarding the use or the results of the use of the website or materials on this website or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
8.3 Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the website or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the website, any materials, products, or services on the website, or with any of the website’s terms and conditions, your sole and exclusive remedy is to discontinue using the website and the products, services and/or materials.
8.4 This site is continually under development and MUTU Sysyem Limited makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
9. MEDICAL DISCLAIMER
9.1 All material, information and/or advice made available to you (whether on our Site, as part of the Products or otherwise howsoever) (“Materials”) is provided for your information only and may not be construed as medical advice or instruction. None of the Materials are a recommendation as to how to treat any particular disease, health problem or health related condition. Nor have any Materials been evaluated by the Food and Drug Administration (FDA), Food Standards Agency (FSA), the National Institute for Health and Clinical Excellence (NICE) or any other Government or medical body in any country. The Materials do not supersede any advice given by any qualified medical practitioner, registered dietician or nutritionist.
9.2 The Materials are based on our own research and experiences. You should not use the Materials for diagnosis or treatment of any disease, health problem, health related condition or for prescription of any medication or other treatment. If you suspect you may have a health condition directly or indirectly related to pregnancy or post-pregnancy such as (but not restricted to) Hernia; Prolapse; severe or irreparable Diastasis Recti; Sacro-iliac pain; Sciatica, Symphysis Pubis Joint Diastasis; Pelvic Girdle Pain (also known as Symphysis Pubis Dysfunction) or Postnatal / Postpartum Depression you should consult with a medical healthcare professional BEFORE embarking on ANY exercise program (including for the avoidance of doubt, before using any Product). Surgical or prescription options, implications, outcomes and insurance policy cover vary widely across the world and can only be properly advised by your own medical healthcare professional.
9.3 We (nor any of our officers, employees, consultants, agents and/or representatives) do not provide medical advice, diagnosis, treatment or medical services of any kind.
9.4 We make no promises, assurances, warranties and/or representations that the Products (or any part of them) will treat, control or cure any particular disease, health problem or health related condition.
9.5 The Materials and/or Products are not a substitute for the consultation, diagnosis and/or medical treatment provided by your doctor, healthcare provider, nutritionist or dietician.
9.6 You must not rely on the Materials and/or Products as an alternative to medical advice and (subject to clause 15) we expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on any Materials and/or Products we provide to you.
9.7 If you have any specific questions or concerns about any medical matter, you should consult your doctor, healthcare provider, nutritionist or dietician as soon as possible.
9.8 If you think you may be suffering from any particular disease, health problem or health related condition (whether before, during or after the use of the Products) you should seek immediate medical attention from your doctor, healthcare provider, nutritionist or dietician. You acknowledge that you will not delay seeking or disregard medical advice or discontinue any medical treatment because of the Materials we provide to you or because you have purchased the Products.
9.9 See more information on when you should refer to a specialist Women’s Health Physiotherapist or Pelvic Physical Therapist here.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 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 and when you decide to end the contract:
10.1.1 If what you have bought is faulty or mis-described 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 13;
10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 If you have just changed your mind about the product, see clause 10.3. 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. If you have taken advantage of our bonus MUTU Kitbag offer by purchasing the program in a one-time payment, the price of the MUTU Kitbag will be deducted from your purchase price and the Kitbag will be yours to keep;
10.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.7
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 10.2.1 to 10.2.5 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:
10.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
10.2.2 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;
10.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8).
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
10.4 Our 100% money back satisfaction guarantee (applicable up to 30 days from the day of purchase and at our discretion). Please note, these terms reflect the goodwill guarantee offered on the MUTU System program by MUTU System Limited of Hays Galleria, 1 Hays Lane, London, SE1 2RD United Kingdom to its customers, which is more generous than your legal rights under the UK Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 13.2). Please note this guarantee only applies to the MUTU System program digitally delivered where bought through this website and not to any other items (for example, the guarantee does not apply to the MUTU System kit bag). The 100% money back satisfaction guarantee is subject to the kit bag being returned to MUTU System in a re-saleable condition. Failure to comply will result in the price of the kit bag being deducted from your purchase price:
10.4.1 if you believe the goods, services or digital content delivered to you under these terms do not deliver the content you expected to obtain when you ordered them from us, we will offer you a full refund excluding delivery costs unless the item is faulty. Please tell us why the products did not deliver what you expect – you can contact us by email or telephone or post using the contact details in clause 2.2;
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14 day period to change your mind||30 days from the day of purchase, on when you can change your mind (at our discretion).|
|Consumer to pay costs of return.||We pay the costs of return if the item is faulty. However, if you change your mind, we would not refund the cost of postage, only the cost of the product(s).|
10.4.3 you must immediately delete all digital content that has been provided or that you have in your possession;
10.4.4 you accept that we will withdraw your access to the digital content when we issues you with the refund; and
10.4.5 you will not share access details or any material or digital content (including any MUTU System material protected by copyright) with anyone at any time.
10.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
10.5.1 digital products after you have started to download or stream these, unless you are exercising our 100% money back satisfaction guarantee explained in clause 10.4;
10.5.2 services, once these have been completed, even if the cancellation period is still running;
10.5.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
10.5.4 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
10.5.5 any products which become mixed inseparably with other items after their delivery.
10.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
10.6.1 Have you bought services (for example, private coaching)? 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.
10.6.2 Have you bought digital content for download or streaming (for example, our MUTU Program)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind, unless you are exercising our 100% money back satisfaction guarantee explained in clause 10.4.
10.6.3 Have you bought goods (for example, our MUTU Kit Bag)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) 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 to change your mind about the goods.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
10.7 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 do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content 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 the contract in these circumstances, 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.
11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.1.1 Phone or email. Call customer services on +44 (0)1326-741130 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2 By post. Simply write to us at our contact address, including the information required above.
11.2 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 Hays Galleria, 1 Hays Lane, London, SE1 2RD United Kingdom, or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)1326-741130 or email us at [email protected]ystem.com. If you are 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.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.3.1 if the products are faulty or mis-described;
11.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
11.4 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.
11.5 How we will refund you. 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.
11.6 Deductions from refunds. If you are exercising your right to change your mind:
11.6.1 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 them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.6.2 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.
11.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
11.7.1 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.
11.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
12. OUR RIGHTS TO END THE CONTRACT
12.1 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:
12.1.1 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;
12.1.2 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;
12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
12.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or
12.1.5 you infringe any of our intellectual property rights detailed in our Copyright Notice.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 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.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)1326 741 130 or write to us at [email protected]
13.2 Summary of your legal rights. 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 the UK in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights in the UK
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example exercise equipment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
• up to 30 days: if your item is faulty, then you can get a refund.
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is digital content, for example a downloadable exercise program, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example private coaching, the Consumer Rights Act 2015 says:
• 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.
• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
13.3 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. Please call customer services on +44 (0)1326 741 130 or email us at [email protected]
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 have 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, 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 by the credit and debit cards listed at the checkout stage of your online payment on our website. When you must pay depends on what product you are buying:
14.4.1 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.
14.4.2 For digital content, you must pay for the products before you download them.
14.4.3 For services, you may have to make an advance payment of a portion of the price of the services, before we start providing them. We will inform you of this at the time of booking. We will invoice you for the balance of the price of the services when we have completed them You must pay each invoice within 30 calendar days after the date of the invoice.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
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 and we will not charge you interest until we have resolved the issue.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 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.
15.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 We are not liable for you not following our instructions and your attention is particularly drawn to our medical disclaimer at clause 9.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
16.1.1 to supply the products to you;
16.1.2 to process your payment for the products; and
16.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
16.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2 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 you have not followed our instructions in relation to the products at any point or you have not followed these terms and conditions. However, you may transfer our guarantee at clause 10.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by email confirmation from you stating they are now the owner.
17.3 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, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 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.
17.5 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.
17.6 Which laws apply to this contract and where you may bring legal proceedings. 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.