You will be required to read and accept these Terms and Conditions when ordering products or Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order products or Services through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 5;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Contract”||means a contract for the purchase and sale of Services, as explained in Clause 17;|
|“Order”||means your order for the Services;|
|“Order Confirmation”||means our acceptance and confirmation of your Order;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and|
|“User”||means a user of Our Site;|
|“User Content”||means any content submitted to Our Site by Users including, but not limited to, product reviews and comments|
|“We/Us/Our”||Means Comera Group Ltd, a company registered in England under Company Number 06340829, and whose registered address is Origin Workspace, 40 Berkeley Square, Bristol, BS8 1HP and its associated companies.|
2. INFORMATION ABOUT US
2.1. Our Site, https://store.comeragroup.co.uk/, is owned and operated by Comera Group Ltd, a limited company registered in England under Company Number 06340829, whose registered address is Origin Workspace, 40 Berkeley Square, Bristol, BS8 1HP and whose main trading address is Origin Workspace, 40 Berkeley Square, Bristol, BS8 1HP. Our VAT number is 189666536.
3. ASSOCIATED COMPANIES
3.1. Comera Group is a Group of companies, comprising of the following associated companies: Comera Professional, Comera Cyber, Comera Accountants, Comera Financial Consultants, Comera Marketing, Comera Health, Comera Medical Training, Comera Risk, Comera Energy, Comera Power, and Comera Movement Science.
3.2. Comera Financial Consultants Ltd is authorised and regulated by the Financial Conduct Authority, registration number 488266.
4. ACCESS TO AND USE OF OUR SITE
4.1. Access to Our Site is free of charge.
4.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
5.1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
5.2. You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
5.3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
5.4. We recommend that you choose a strong password for your Account, consisting of at least 8 characters and a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately via the Contact Us form on our website. We will not be liable for any unauthorised use of your Account.
5.5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
5.6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 28.
5.7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. Once your account is deleted all identifiable data will be deleted and will not be recoverable.
5.8. If you close your Account, any reviews or comments you have created on Our Site will be anonymised by removing your username and avatar.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. With the exception of User Content (see Clause 7), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
6.2. Subject to sub-Clause(s) 6.3 and 6.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
6.3. You may:
6.3.1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
6.3.2. Download Our Site (or any part of it) for caching;
6.3.3. Print page(s) from Our Site;
6.3.4. Download extracts from pages on Our Site; and
6.3.5. Save pages from Our Site for later and/or offline viewing.
6.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
6.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6.6. Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
7. USER CONTENT
7.1. User Content on Our Site includes (but is not necessarily limited to) reviews and comments.
7.2. An Account is required if you wish to submit User Content. Please refer to Clause 5 for more information.
7.3. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 14.
7.4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 7.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
7.5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
7.6. If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
7.7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
8. LINKS TO OUR SITE
8.1. You may link to Our Site provided that:
8.1.1. you do so in a fair and legal manner;
8.1.2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3. you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
8.1.4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2. You may link to any page of Our Site.
8.3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
8.4. You may not link to Our Site from any other site the main content of which contains material that:
8.4.1. is sexually explicit;
8.4.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.4.3. promotes violence;
8.4.4. promotes or assists in any form of unlawful activity;
8.4.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.4.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.4.7. is calculated or is otherwise likely to deceive another person;
8.4.8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.4.9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
8.4.10. implies any form of affiliation with Us where none exists;
8.4.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
8.4.12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.5. The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
9. LINKS TO OTHER SITES
9.1. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
10. AGE RESTRICTIONS
10.1. Consumers may only purchase services through Our Site if they are at least 18 years of age.
10.2. None of the Services on Our Site may be purchased by anyone under 18 years of age.
11.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
11.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
11.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.
12. VIRUSES, MALWARE AND SECURITY
12.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
12.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6. By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. ACCEPTABLE USAGE POLICY
13.1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
13.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything, as is set out in sub-clause 8.4.
13.3.1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
13.3.2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
13.3.3. issue you with a written warning;
13.3.4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
13.3.5. take further legal action against you as appropriate;
13.3.6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
13.3.7. any other actions which We deem reasonably appropriate (and lawful).
14. PRIVACY AND COOKIES
15. COMMUNICATIONS FROM US
15.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 2 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
15.3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please get in touch with Us using the Contact Us page on our website.
16. SERVICES, PRICING AND AVAILABILITY
16.1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you. However please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
16.2. Please note that sub-Clause 16.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
16.3. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are provided on Our Site. However, such indications may not take into account orders that have been placed by other customers during your visit to Our Site.
16.4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 16.7 regarding VAT, however).
16.5. All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of the same in writing.
16.6. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
16.7. All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
17. ORDERS – HOW CONTRACTS ARE FORMED
17.1. Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
17.2. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
17.3. Order Confirmations shall contain the following information:
17.3.1. Confirmation of the Services ordered including full details of the main characteristics of those Services;
17.3.2. Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
17.4. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
17.5. You may change your Order at any time before We begin providing the Services by contacting Us.
17.6. If you change your Order, We will confirm all agreed changes in writing.
17.7. If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 20 and 21.
17.8. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
17.8.1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
17.8.2. An event outside of Our control continues for more than 7 days (please refer to Clause 25 for events outside of Our control).
17.9. If We cancel your Order under sub-Clause 17.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.
17.10. Any refunds due under this Clause 17 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
18.1. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
18.2. We accept the following methods of payment on Our Site:
18.2.1. Debit or Credit Card payment;
18.3. We do not charge any additional fees for any of the payment methods listed in sub-Clause 18.2.
19. PROVISION OF THE SERVICES
19.1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the relevant industry to which the service relates, and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation). Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clauses 20 and 21 for more details on your cancellation rights, including the cooling off period. We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
19.2. We will continue providing the Services until the estimated completion date set out in the Order Confirmation.
19.3. We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 25 for events outside of Our control.
19.4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action such as Proof of Identity and / or address.
19.5. If the information you provide or the action you take under sub-Clause 19.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
19.6. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 19.4, We may suspend the Services (and will inform you of that suspension by email.
19.7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action, We will inform you in advance by email before suspending or interrupting the Services.
19.8. If the Services are suspended or interrupted under sub-Clauses 19.6, or 19.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
19.9. If you do not pay Us for the Services as required by Clause 18, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, we will inform you by email. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 18.4.
20. YOUR LEGAL RIGHT TO CANCEL (COOLING OFF PERIOD)
20.1. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
20.2. If you wish to exercise your right to cancel under this Clause 20, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the details as set out in clause 26.
20.3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
20.4. As specified in sub-Clause 19.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
20.5. If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
20.6. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 30 days. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
21. CANCELLATION AFTER THE LEGAL CANCELLATION PERIOD
21.1. Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed in Our Order Confirmation.
21.2. If you wish to cancel under this Clause 21, you must inform Us of your decision to do so. You may do so in any way you wish. If you would prefer to contact Us directly, please use the following details as set out in clause 26.
21.3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
21.4. You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
21.4.1. We breach the Contract in a material way and fail to remedy the breach within 7 days of you asking Us to do so in writing; or
21.4.2. We go into liquidation or have a receiver or administrator appointed over Our assets; or
21.4.3. We change these Terms and Conditions to your material disadvantage; or
21.4.4. We are adversely affected by an event outside of Our control [that continues for more than 7 days (as under sub-Clause 25.2.5).
21.5. Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms will be confirmed in Our Order Confirmation. If you are cancelling due to Our failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
21.6. Refunds under this Clause 21 will be issued to you within 7 days and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
22. OUR RIGHTS TO CANCEL
22.1. For cancellations before we begin providing the Services, please refer to sub-Clause 17.9.
22.2. We may cancel the Services after We have begun providing them due to an Event outside of Our control (as under sub-Clause 25.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
22.3. Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 7 days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
22.4. Refunds due under this Clause 22 will be issued to you within 7 days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.
22.5. We may cancel immediately by giving you written notice in the following circumstances:
22.5.1. You fail to make a payment by the due date as set out in Clause 18. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 18.4; or
22.5.2. You breach the contract in a material way and fail to remedy the breach within 7 days of Us asking you to do so in writing.
23. PROBLEMS WITH THE SERVICES AND YOUR LEGAL RIGHTS
23.1. We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via the Contact Us page on our website.
23.2. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.
23.3. We will not charge you for remedying problems under this Clause 23 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 19.5 will apply and We may charge you for the remedial work.
23.4. As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.
24. OUR LIABILITY
24.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
24.2. We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
24.3. If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
24.4. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
24.5. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
24.6. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
25. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
25.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
25.2. If any event described under this Clause 25 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
25.2.1. We will inform you as soon as is reasonably possible;
25.2.2. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
25.2.3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
25.2.4. If the event outside of Our control continues for more than 7 days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event, no later than 14 calendar days after the date on which We inform you of the cancellation;
25.2.5. If an event outside of Our control occurs and continues for more than 7 days and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the contact details as set out in clause 26.
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible, and in any event, no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
26. COMMUNICATION AND CONTACT DETAILS
26.1. If you wish to contact Us with general questions or complaints, matters relating to Our Services or your Order, or matters relating to cancellations, you may contact Us via the details below:
|Telephone:||0117 971 8128|
|Post:||Origin Workspace, 40 Berkeley Square, Bristol, BS8 1HP|
27. COMPLAINTS AND FEEDBACK
27.1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
27.2. All complaints are handled in accordance with Our complaints handling policy and procedure. For more information about our complaints policy and procedure contact Us using details provided in clause 26.
28. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
29. OTHER IMPORTANT TERMS
29.1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
29.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
29.3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
29.4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
29.5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
29.6. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions at any time, We will give you at least 30 days’ written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 21.4.
30. LAW AND JURISDICTION
30.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
30.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 30.1 above takes away or reduces your rights as a consumer to rely on those provisions.
30.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
30.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.