Our terms

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply products to you.
    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
    1. Who we are. We are GUNNA Drinks Limited a company registered in England and Wales. Our company registration number is 09895112 and our registered office is at Ward House, 6 Ward Street, Guildford, Surrey, GU1 4LH. Our registered VAT number is GB232205653
    2. How to contact us. You can contact us by email at shop@gunnadrinks.com or by phone on is +44 7467 942556. Please note, this number is monitored once a week. If you have an urgent query, please contact us via email and we will get back to you as soon as we can.
    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.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    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.
    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. 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.
    4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from and deliver to addresses outside the UK.
  4. Our products
    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.
    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

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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

  1. Our rights to make changes
    1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements which will not affect the product you receive, but the pack declarations maybe slightly different; and
      2. to implement minor technical adjustments and improvements. These changes will not affect the product quality you receive.
    2. More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  2. Providing the products
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
    2. When we will provide the products. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
    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.
    4. 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.
    5. 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.
    6. Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
      1. we have refused to deliver the goods;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told us before we accepted your order that delivery within the delivery deadline was essential.
    7. 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 7.6, 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.
    8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (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 goods and their delivery.  If the goods 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. We will pay the costs of postage or collection. Please call customer services on +44 7467 942556  or email us at shop@gunnadrinks.com for a return label or to arrange collection.
    9. When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
    10. When you own goods. You own a product which is goods once we have received payment in full.
    11. 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. If so, this will have been stated in the 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.
    12. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the product as notified by us to you (see clause 6).
    13. 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 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 14 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.
    14. 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 12.4) and you still do not make payment within 14 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 12.6). 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 12.5). 
  3. Your rights to end the contract
    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:
      1. 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 11;
      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 8.2;
      3. If you 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;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
    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:
      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);
      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;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      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 30 days; or
      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 7.6).
    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.
    4. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
        1. Your goods are split into several deliveries over different days. In this case you have until 21 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
        2. 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.
    5. 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 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 and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know (at shop@gunnadrinks.com). 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.
  4. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by sending an email to us at shop@gunnadrinks.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
    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 at GUNNA Drinks Ltd, c/o Vision Logistical Solutions Ltd, Unit D1 Railway Triangle, Walton Road, Portsmouth, Hampshire, PO6 1TH. Please email us at shop@gunnadrinks.com so we can provide you with return instructions and labels if relevant. 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.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed; or
      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;

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

    1. 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.
    2. How we will refund you.  We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      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.
      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.
      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.
    4. 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:
      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. For information about how to return a product to us, see clause 9.2.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. Our rights to end the contract
    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:
      1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      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; or
      3. you do not, within a reasonable time, allow us to deliver the products to you.
    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.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  2. If there is a problem with the product
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us by email at shop@gunnadrinks.com. You can contact us by phone on is +44 7467 942556, but please note this number is not monitored regularly.
    2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
    3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must 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 email us at shop@gunnadrinks.com
  3. Price and payment
    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 12.3 for what happens if we discover an error in the price of the product you order.
    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.
    3. What happens if we got the price wrong. It is always possible that, despite our reasonable care, 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.
    4. When you must pay and how you must pay. We accept payment by PayPal and by credit card – VISA, Mastercard, American Express. 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.
    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.
    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.
  4. Our responsibility for loss or damage suffered by you
    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.
    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 11.2.
    3. 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.
  5. How we may use your personal information
    1. How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.
  6. Other important terms
    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 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    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.
    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.
    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.
    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.
    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.

Agreed Terms

  1. About us
    1. Company details. Gunna Drinks Limited (company number 09895112) (we and us), is a company registered in England and Wales and our registered office is at Ward House, 6 Ward Street, Guildford, Surrey, GU1 4LH. Our main trading address is GUNNA Drinks Ltd, PO Box 71446, London SW6 9JB. Our VAT number is GB232205653. We operate the website https://www.gunnadrinks.com/.
    2. Contacting us. You can contact us by sending an email to us at shop@gunnadrinks.com How to give us formal notice of any matter under the Contract is set out in clause 13.2.
  1. Our contract with you
    1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    3. Language. These Terms and the Contract are made only in the English language.
  1. Placing an order and its acceptance
    1. Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
    2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    3. Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
    4. Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
    5. If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
  2. Our goods
    1. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
    2. The packaging of your Goods may vary from that shown on images on our site.
    3. We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
  3. Return and refund
    1. You may cancel the Contract and receive a refund, if the goods are damaged/faulty and you notify us as set out in clause 4.2 within 14 days.
    2. To cancel the Contract, you can email us at shop@gunnadrinks.com. If you are emailing us please include details of your order to help us to identify it and please provide photo evidence showing the  damage that you are claiming for. We cannot accept damage claims without photographic proof. If we ask you to return the order you must do so without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
    3. We will either refund the price of the Goods or replace the Goods at our option.
  4. Delivery, transfer of risk and title
    1. We will contact you with an estimated delivery date, which will be within 5 days after the date of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for our responsibilities when this happens.
    2. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
    3. You own the Goods once we have received payment in full, including of all applicable delivery charges.
    4. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
    5. If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods.
  5. No international delivery
    1. Unfortunately, we do not deliver to addresses outside the UK.
    2. You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
  6. Price of goods and delivery charges
    1. The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if we discover an error in the price of Goods you ordered.
    2. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
    3. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    4. The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT HYPERLINK].
    5. We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.
  7. How to pay
    1. You can only pay for Goods using a PayPal or a debit card or credit card. We accept PayPal and the following cards: VISA, Mastercard, Maestro and American Express.
    2. Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
  8. Our warranty for the goods
    1. The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
    2. We provide a warranty that on delivery, the Goods shall:
      1. subject to clause 3, conform with their description;
      2. be free from material defects in design, material and workmanship; and
      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    3. Subject to clause 9.4, if:
      1. you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 9.2;
      2. we are given a reasonable opportunity of examining the Goods; and
      3. if we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

    1. We will not be liable for breach of the warranty set out in clause 9.2 if:
      1. you make any further use of the Goods after giving notice to us under clause 9.3;
      2. you alter the Goods without our written consent;
      3. the defect arises as a result of wilful damage, negligence, or abnormal storage or working conditions; or
      4. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    2. We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
    3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    4. These Terms also apply to any repaired or replacement Goods supplied by us to you.
  1. Our liability: your attention is particularly drawn to this clause
    1. We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
    2. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. any other liability that cannot be limited or excluded by law.
    3. Subject to clause 10.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss of business opportunity;
      3. loss of anticipated savings;
      4. loss of goodwill; or
      5. any indirect or consequential loss.
    4. Subject to clause 10.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.
    5. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
  2. Termination
    1. Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  3. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  4. Communications between us
    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  5. General
    1. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.