Our Terms

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply tile products to you. You should note that we are a supplier of tiles only and in particular:

(a) We do not supply or recommend any tile installation services. It is your sole responsibility to ensure that tiles supplied by us are properly and professionally installed in accordance with any requirements or guidance given by the applicable manufacturer or, if none, in accordance with generally accepted good industry practice.

(b) We do not supply or recommend any products which are ancillary to the installation or maintenance of tiles supplied by us.

We will not be liable for any defect or damage to tiles arising in consequence of the installation of tiles by you or on your behalf.

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.

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

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

Provisions specific to consumers only are in green and those specific to businesses only are in blue.

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

2. Information about us and how to contact us

2.1. Who we are. We are The Tile Portfolio Limited a company registered in England and Wales. Our company registration number is 13033923 and our registered office is at Headlands House, 1 Kings Court, Kettering Parkway, Kettering, Northants, United Kingdom, NN15 6WJ. Our registered VAT number is 376573947.

2.2. How to contact us. You can contact us by telephoning our customer service team at 01536 856108, or by writing to us at the above address, or by emailing us at hello@thetileportfolio.co.uk.

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, text messages and messages sent or received via social media sites. When we use the words “writing” or “written” in these terms, this includes emails, text messages and messages sent or received via social media sites.

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.

1. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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.
2. 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. We only sell to the UK. We only supply our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Our products

1. Products may vary slightly from their pictures, descriptions or samples. The descriptions and images of the products on our website and any tile samples that we may send to you in advance of your order 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. The batch production nature of tile manufacture also means that your product may vary slightly from such images or any tile samples that we may send to you in advance of your order, including slight variations in tile dimensions, thickness and weight for example.
2. Product packaging may vary. The packaging of the product may vary from that shown in images (if any) on our website.
3. Making sure your measurements are accurate. If we are supplying the product to you based on measurements or plans that you have given us, you are responsible for ensuring that the measurements and/or plans are correct. We accept no liability for any surplus or shortfall in products ordered based on such measurements or plans. You can obtain information and tips on how to measure by contacting us.
4. Wastage. When ordering products from us, you should account of any wastage which will occur due to tile cutting, profiling or accidental damage for example. This is important because if you do not order sufficient products from us to allow for such wastage, due the batch production nature of tile manufacture, we cannot guarantee that any subsequently ordered tiles will be an exact match to those originally supplied.
5. Product suitability. Because we are a supplier only of tile products, we do not give any warranty or other assurance that your proposed tile installation site or substrate will be suitable for the type and nature of the tile products you purchase from us. It is your sole responsibility to determine the suitability of your proposed tile installation site or substrate for the installation of the tiles you purchase from us.

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.

Our rights to make changes

1. Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
2. More significant changes to the products and these terms. In addition, we may make the changes to these terms or 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.

Providing the products

1. Delivery costs. Unless you have chosen to arrange the collection of the products from our depot, the costs of delivery will be those stated on our quotation for the products but any quotation given will only be valid for 30 days from the date of the quotation.
2. When we will provide the products. During the order process we will discuss anticipated delivery times with you, but any such anticipated delivery time shall be an estimate only and the anticipated time for delivery shall not be of the essence of the contract between us. We will contact you when the products are available for delivery or collection. We recommend that you do not book or arrange any tile installation services until you have taken delivery of the products.
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 available when the product is delivered. If no one is available at your address to take delivery, we will contact you with details of how to rearrange delivery or collect the products from a local depot. On a case by case basis, we may be prepared to accept your written instructions (by email or other electronic messaging means for example) that such orders are to be left at your address in accordance with your instructions. Please contact us for further information before placing your order with us. However, any such arrangements are entirely at your own risk and we accept no liability for any loss or damage to products left at your address in accordance with your instructions.
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 our delivery depot we will contact you for further instructions and may charge

you for storage and handling 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.

1. When you become responsible for the goods. A product will be your responsibility from the time the product is delivered to the address you gave us or you collect it from a local depot. It is your sole responsibility to inspect the products at the point of delivery or collection and you should notify us immediately if you believe that the products are damaged in any way. We will not be responsible for any loss or damage to the products occurring after they have been delivered to or collected by you. You should ensure that the products are unpacked from the supplied delivery packaging carefully to avoid loss or damage to the products in the unpacking process. We will not be responsible for any loss or damage to the products caused in consequence of improper or careless unpacking or handling of the products by you or on your behalf.
2. Your other responsibilities in respect of delivery. You should note the following additional information and requirements in respect of your delivery of products:
   1. Most orders are either packed in wooden crates or onto pallets and delivered on a large lorry so you must ensure that we are made aware of any restricted access details (steep gradients, narrow lanes, gravel driveways or overhanging tree branches for example) when you place your order to avoid re-delivery charges.
   2. It is the decision of the delivery driver to determine the nearest safely accessible point to your property which may be the drive or at the kerbside for example. Please note that the delivery driver cannot assist with the handling or unpacking of products or with any relocation from the initial delivery point.
   3. Subject to clause 7.4, a responsible person must be present to accept and sign for your delivery. All orders must be examined on delivery and any shortages, damages or other discrepancies must be recorded on the delivery note and reported in accordance with clause 7.6.
   4. Tiles are either stacked flat or on edge or in some cases a combination of both. Sometimes tiles are strapped to a pallet and/or several packs are strapped together. You must therefore take care when you are unpacking the products to ensure that the tiles are not damaged by falling over for example.
   5. Most orders are shrink-wrapped for protection. We recommend arranging adequate help to immediately move your order into your property upon delivery. Please remember some of the tiles are heavy and boxes can weigh up to 40kgs with some of the 1200 x 1200 tile packs weighing in excess of 60kgs.
   6. Delivery of paving slabs is arranged via our specialist delivery service as these products are delivered on A Frames. Usually your delivery driver will return the

A Frame to us as part of the delivery fee rather than charging you for the A Frame. Please ensure that you have someone suitable on site to help lift slabs off the A Frame. Note that slabs weigh in the region of 60kgs each. If you prefer to keep the A Frame, then please let us know and we can include the additional cost within your quotation.

1. When you own goods. You own a product once we have received payment in full.
2. 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 requested by you or notified by us to you (see clause 6).
3. 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 supply of 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, and we will refund any sums you have paid in advance for products not yet received in respect of the period after you end the contract.
4. 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 15.4) 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 in good faith (see clause 15.7). 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 15.6).

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, when you decide to end the contract and whether you are a consumer or business customer:
   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 to get

some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

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;

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

In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

1. 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; or
   5. you have a legal right to end the contract for some other lawful reason.
2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought at a distance 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.
3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of any of our supplied tile products which become mixed inseparably with other items after their delivery. An example of this would be if such tile products have been installed by you or on your behalf.
4. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is

delivered. The goods supplied by us are tile products and 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 14 days after the day you (or someone you nominate) receives the last delivery.
  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.
  3. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods such as the tile products supplied by us 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 are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

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

1. Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 01536 856108 or emailing us at hello@thetileportfolio.co.uk. Please provide your name, 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 our local depot c/o Airfield Warehousing Ltd, Polebrook Airfield, Polebrook, Peterborough, PE8 5LY. All returned products must comprise the entirety of the products supplied under the applicable order, must be undamaged and must be in their original unopened packaging. We do not accept part returns of products ordered. If you are a consumer exercising your right to change your mind you must return 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 mis-described;
   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

In all other circumstances (including where you are a consumer 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. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs (subject to clause 9.3), by the method you used for payment. However, we may make deductions from the price, as described below.
3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
   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.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
   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.

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 7 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 or collect them from us.
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 1 week 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.

If there is a problem with the product

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 01536 856108 or write to us at hello@thetileportfolio.co.uk.

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

1. This clause 12 is subject to clause 14.
2. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights applicable to the tile products which we supply. 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.

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

1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

1. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to our local depot referred to in clause 9.2 or allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.

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

1. This clause 13 is subject to clause 14.
2. If you are a business customer we warrant that on delivery any products which are goods shall:
   1. conform in all material respects with their description; and
   2. be free from material defects in design, material and workmanship.
3. Subject to clause 13.4, if:
   1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.2;
   2. we are given a reasonable opportunity of examining such product; and
   3. you return such product to us at our cost,

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

1. We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
   1. you make any further use of such product after giving a notice in accordance with clause 13.3(a);
   2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
   3. the defect arises as a result of us following any drawing, design or specification supplied by you;
   4. you alter or repair the product without our written consent; or
   5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
2. Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.2.
3. These terms shall apply to any repaired or replacement products supplied by us under clause 13.3.

Your obligation to correctly install

1. The tiling products supplied by us must be correctly and professionally installed if they are to last for their expected lifespan. In particular:
   1. The minimum required installation standards and specifications are those set out in:
      1. the installation instructions and guidance contained in the following document [INCLUDE LINK TO NORCROS GUIDE]. This includes compliance with any stated requirements in respect of preparatory substrate works, and compliance with any stated tile weight limitations for the applicable substrate; and
      2. the following parts of BS 5385:
         1. Part 1: Design and installation of internal ceramic, natural stone and mosaic wall tiling in normal conditions.
         2. Part 2: Design and installation of external ceramic and mosaic wall tiling in normal conditions.
         3. Part 3: Design and installation of internal and external ceramic and mosaic floor tiling in normal conditions.
         4. Part 4: Design and installation of ceramic and mosaic tiling in special conditions.
         5. Part 5: Design and installation of terrazzo, natural stone and agglomerated stone tile and slab flooring.
   2. The minimum required tile cleaning standards and specifications which must be applied immediately following installation are those set out in the tile cleaning instructions and guidance contained in the following document [INCLUDE LINK TO FILA GUIDE].

There is no obligation for you to use the installation and/or cleaning products of any particular manufacturer or supplier, but you must ensure that any such products used are of a quality, standard and specification of not less than those referred to in the above guidance.

1. We will not be liable for any defect or damage to such tiles where this is caused by any failure to comply with the minimum requirements and standards of installation and cleaning referred to in this clause 14.
2. We do not give advice or make recommendations in respect of the fitting and installation of tiles. Any information given by us or on our behalf in respect of such matters in these terms and conditions or otherwise is given in good faith but does not constitute the provision of advice or recommendations, and we give no warranty or other assurance that any such information will be accurate, error free or appropriate for your particular circumstances. Any reliance on such information is entirely at your own risk and it is your sole responsibility to take your own professional advice in respect of such matters and to ensure that the products are competently and professionally installed and cleaned.

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 our quotation supplied to you in advance of your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 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 best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. When you must pay depends on what product you are buying. 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.
5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off,

counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

1. 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 the Bank of England 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.
2. 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.

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

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, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.

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

1. Nothing in these terms shall limit or exclude our liability for:
   1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
   2. fraud or fraudulent misrepresentation;
   3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
   4. defective products under the Consumer Protection Act 1987; or
   5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. Except to the extent expressly stated in clause 17.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to clause 17.1:
   1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
   2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

How we may use your personal information

1. How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

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.
2. You need our consent to transfer your rights to someone else. 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. 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 if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.