Conditions of Use
TWIN BUSCH TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 The following definitions and rules of interpretation apply in this agreement.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date: has the meaning given in clause 2.1.
Conditions: these terms and conditions as amended from time to time in accordance with clause 17.3.
Contract: the contract between the Supplier and the Purchaser for the supply of Goods and/or Services in accordance with these Conditions.
Purchaser: the person or firm who purchases the Goods and/or Services from the Supplier.
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including without limitation, (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, (for so long as and to the extent that the law of the European Union has legal effect in the UK) (ii) the General Data Protection Regulation ((EU) 2016/679) and (iii) any other directly applicable European Union regulation relating to privacy.
Delivery Location: has the meaning given in clause 4.1.
Force Majeure Event: has the meaning given to it in clause 16 .
Goods: the goods (or any part of them) set out in the Order.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Purchaser's order for the supply of Goods and/or Services, as set out in the Purchaser’s purchase order form or the Purchaser’s written acceptance of the Supplier's quotation, or overleaf, as the case may be.
Repair Service Specification: the of the Supplier’s standard repair service for the Goods.
Services: the services supplied by the Supplier to the Supplier as set out in the Repair Service Specification.
Supplier: Twin Busch UK Ltd registered in England and Wales with company number 10191438.
1.2 The provisions of Part 2 will apply to any Purchaser who is an individual and who is entering into a Contract for the provision of Goods and/or Services for purposes wholly or mainly outside the Purchaser’s trade business craft or profession.
1.3 If the Purchaser is a consumer as defined in clause 1.2 and there is any conflict between the provisions of Part 1 and Part 2 of these terms and conditions, Part 2 shall prevail.
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assignees.
1.5 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.8 A reference to writing or written includes email.
1.9 References to clauses are to clauses in these terms and conditions. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Basis of contract
2.1 The Order shall only be deemed to be accepted when the Supplier issues the Purchaser with written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.2 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Supplier's catalogues, brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
2.3 These terms and conditions apply to the exclusion of any other terms that the Purchaser seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 14 days from its date of issue.
2.5 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
3.1 The Goods are described in the Supplier's catalogue and on the Website. .
3.2 All Goods shown on the Website are subject to availability. The Supplier will inform the Purchaser by email as soon as possible if the Goods are not available and the Supplier will not process the Purchaser’s Order.
4. Delivery of Goods and Installation
4.1 The Supplier shall ensure that delivery of the Goods is:
(a) ex works; and
(b) accompanied by a delivery note which shows the date of the Order, all relevant reference numbers, installation instructions and the type and quantity of the Goods (including the code number of the Goods, where applicable). The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Purchaser that the Goods are ready.
4.2 Alternatively the Purchaser may collect the Goods from the Supplier’s premises at Unit 9a Linnell Way, Kettering NN16 8PS within three Business Days of the Supplier notifying the Purchaser that the Goods are ready for collection.
4.3 If Clause 4.1 applies, delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
4.4 If Clause 4.2 applies, delivery of the Goods shall be completed on the completion of loading of the Goods at the Supplier’s premises.
4.5 The Purchaser shall (at its sole option) be entitled to enter into a separate written agreement with a third party (as recommended by the Supplier) to install the Goods.
4.6 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Purchaser’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.7 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Purchaser in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Purchaser’s failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.8 If the Purchaser fails to take or accept delivery of the Goods within three Business Days of the Supplier notifying the Purchaser that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Purchaser that the Goods were ready; and
(b) the Supplier shall store the Goods until delivery takes place, and charge the Purchaser for all related costs and expenses (including insurance).
4.9 If 10 Business Days after the Supplier notified the Purchaser that the Goods were ready for delivery and the Purchaser has not taken or accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Purchaser for any excess over the price of the Goods or charge the Purchaser for any shortfall below the price of the Goods.
5. Quality of Goods
5.1 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) conform with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the Supplier.
5.2 Subject to clause 5.3, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Purchaser gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Purchaser (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Purchaser’s cost.
5.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Purchaser makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Purchaser failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods;
(c) the Purchaser alters or repairs such Goods without the written consent of the Supplier;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Purchaser in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6. Title and risk
6.1 The risk in the Goods shall pass to the Purchaser on completion of delivery.
6.2 Title to the Goods shall not pass to the Purchaser until the Supplier receives payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment.
7. Supply of Services
7.1 The Supplier shall supply the Services to the Purchaser in accordance with the Repair Service Specification in all material respects.
7.2 If Services are required other than in pursuant to clause 5.2, the Purchaser shall contact the Supplier and provide an indication of the issue giving rise to the repair. The Supplier shall on receipt of that information either (at the Supplier’s option) send a team member to carry out the repair at the Purchaser’s premises or issue the Purchase with a returns authorisation number (RAN).
7.3 If an RAN is issued the Purchaser shall return to the affected Goods to the Supplier for inspection and, if appropriate, repair.
7.4 The Supplier reserves the right to amend the Repair Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Purchaser in any such event.
7.5 The Supplier warrants to the Purchaser that the Services will be provided using reasonable care and skill.
8. Purchaser’s obligations
8.1 The Purchaser shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Purchaser’s premises and other facilities as reasonably required by the Supplier to provide the Services;
(d) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) comply with all applicable laws, including health and safety laws;
(f) comply with any additional obligations as set out in the Repair Service Specification.
8.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Purchaser or failure by the Purchaser to perform any relevant obligation (Purchaser Default):
(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Purchaser remedy the Purchaser Default, and to rely on the Purchaser Default to relieve it from the performance of any of its obligations in each case to the extent the Purchaser Default prevents or delays the Supplier's performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Purchaser arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 8.2; and
(c) the Purchaser shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Purchaser Default.
9. Charges and payment
9.1 The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier's published price list as at the date of the Order.
9.2 The charges for Services shall be calculated on a time and materials basis:
(a) the charges shall be calculated in accordance with the Supplier's daily fee rates, as set out in the Repair Service Specification;
(b) the Supplier shall be entitled to charge the Purchaser for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.
(c) The Supplier reserves the right to increase the price of the Goods, by giving notice to the Purchaser at any time before delivery, to reflect any increase in the cost of the Goods to the Supplier that is due to:
(i) any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by the Purchaser to change the delivery date(s), quantities or types of Goods ordered; or
(iii) any delay caused by any instructions of the Purchaser in respect of the Goods or failure of the Purchaser to give the Supplier adequate or accurate information or instructions in respect of the Goods.
9.3 In respect of Goods, the Supplier shall invoice the Purchaser on acceptance of the Order and payment in full shall be required before the Goods shall be made available for delivery.
9.4 In respect of Services, the Supplier shall invoice the Purchaser on completion of the Services and the Purchaser shall pay each invoice within 30 days of the date of the invoice.
9.5 Time for payment shall be of the essence of the Contract.
9.6 All amounts payable by the Purchaser under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Purchaser, the Purchaser shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
9.7 If the Purchaser fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 14 (Termination), the Purchaser shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.7 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
9.8 All amounts due under the Contract shall be paid in full to a bank account nominated in writing by the Supplier without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10. Intellectual property rights
10.1 All Intellectual Property Rights in the Goods or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Purchaser) shall be owned by the Supplier.
10.2 Nothing in this agreement shall be construed as the Supplier conferring any licence or granting any rights in favour of the Purchaser in relation to the Intellectual Property Rights.
10.3 Any reputation in any trademarks affixed or applied to the Goods shall accrue to the sole benefit of the Supplier or any other owner of the trade marks from time to time.
11. Data protection and data processing
11.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 11 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. In this clause 11, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means any Data Protection Legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation.
11.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Purchaser is the data controller and the Supplier is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
11.3 Without prejudice to the generality of clause 11.1, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under the Contract:
(a) process that Personal Data only on the written instructions of the Purchaser unless the Supplier is required by Applicable Laws to otherwise process that Personal Data. Where the Supplier is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Supplier shall promptly notify the Purchaser of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier from so notifying the Purchaser;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Purchaser, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Purchaser has been obtained and the following conditions are fulfilled:
(i) the Purchaser or the Supplier has provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
(iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Supplier complies with reasonable instructions notified to it in advance by the Purchaser with respect to the processing of the Personal Data;
(e) assist the Purchaser, at the Purchaser's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Purchaser without undue delay on becoming aware of a Personal Data breach;
(g) at the written direction of the Purchaser, delete or return Personal Data and copies thereof to the Purchaser on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 11.
12.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, purchasers, clients or suppliers of the other party.
12.2 Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 12; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
13. Limitation of liability: THE PURCHASER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) 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 (title and quiet possession).
13.2 Subject to clause 13.1, the Supplier's total liability to the Purchaser shall not exceed 200% of the price paid or payable for the Goods or Services giving rise to the claim or £5,000 whichever is the higher amount. The Supplier's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
13.3 The following types of loss are wholly excluded:
(a) Loss of profits.
(b) Loss of sales or business.
(c) Loss of agreements or contracts.
(d) Loss of anticipated savings.
(e) Loss of use or corruption of software, data or information.
(f) Loss of or damage to goodwill.
(g) Indirect or consequential loss.
13.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
13.5 This clause 13 shall survive termination of the Contract.
14.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its 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 its assets or ceasing to carry on business the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(c) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
14.2 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Purchaser if the Purchaser fails to pay any amount due under the Contract on the due date for payment
14.3 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Purchaser and the Supplier if the Purchaser fails to pay any amount due under the Contract on the due date for payment, the Purchaser becomes subject to any of the events listed in clause 14.1(b), or the Supplier reasonably believes that the Purchaser is about to become subject to any of them.
15. Consequences of termination
15.1 On termination of the Contract:
(a) the Purchaser shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Purchaser immediately on receipt;
(b) the Purchaser shall return all of the Goods which have not been fully paid for. If the Purchaser fails to do so, then the Supplier may enter the Purchaser's premises and take possession of them. Until they have been returned, the Purchaser shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
15.2 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
15.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
16. Force majeure
Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
17.1 The terms and conditions of the Contract are the entire agreement between the parties with regard to their subject matter and no other terms, conditions, warranties or statements (unless fraudulent) will apply.
17.2 Each party acknowledges that in entering into the Contract it does not do so on the basis of, and does not rely on any representation, unless made fraudulently, warranty or other provision not expressly contained in the Contract.
17.3 Any variation to the Contract must be in writing and signed on behalf of both parties.
17.4 If a court decides that any part of the Contract cannot be enforced, that particular part of the Contract will not apply, but the rest of the Contract will.
17.5 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.
17.6 Failure or delay in exercising any right under the Contract shall not prevent the exercise of that or any other right.
17.7 The Purchaser may not assign or transfer any benefit, interest or obligation under the Contract.
17.8 Save for any third party purchaser, the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
17.9 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
17.10 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
17.11 Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business or last known address (in any other case); or
(b) sent by email to the address specified in the Order.
17.12 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
(c) if sent by email, at the time of transmission, of this time falls outside Business Hours at 9.00 am on the next Business Day after transmission.
17.13 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17.14 No partnership or agency
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
18. Governing law
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
If the Purchaser is a consumer:
1. The Supplier (Twin Busch) is responsible to the Purchaser for foreseeable loss and damage caused by Twin Busch.
1.1 If Twin Busch fails to comply with these terms, it is responsible for loss or damage that the Purchaser suffers that is a foreseeable result of Twin Busch breaking the Contract or Twin Busch failing to use reasonable care and skill. Twin Busch is 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 parties knew it might happen, for example, if the Purchaser discussed it with Twin Busch during the sales process
2. Your rights to end the Contract
2.1 Ending the Contract because of something Twin Busch has done or is going to do. If you, the Purchaser, choose to end the Contract for a reason set out at (a) to (d) below the Contract will end immediately and Twin Busch will refund you in full for any Goods or Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) Twin Busch has told you about an upcoming change to the Goods or Services or these terms which you do not agree to;
(b) Twin Busch has told you about an error in the price or description of the Goods or Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Goods or Services may be significantly delayed because of events outside Twin Busch’s control; or
(d) you have a legal right to end the Contract because of something Twin Busch has done wrong.
2.2 Exercising your right to change your mind if you are a consumer (Consumer Agreements Regulations 2013). If you are a consumer then for Goods or Services provided under an agreement entered into by post or by an exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Agreements Regulations 2013, are explained in more detail in these terms.
2.3 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 Services, once these have been completed, even if the cancellation period is still running.
2.4 How long do consumers have to change their minds? As a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
2.5 Ending the Contract where Twin Busch is not at fault and there is no right to change your mind. Even if Twin Busch is not at fault and you are not a consumer who has a right to change their mind, you can still end the Contract before it is completed, but you may have to pay Twin Busch compensation. An agreement for Services is completed when Twin Busch has finished providing the Services and you have paid for them. If you want to end the Contract before it is completed where Twin Busch is not at fault and you are not a consumer who has changed their mind, contact Twin Busch to let them know. The Contract will end immediately and Twin Busch will refund any sums paid by you for the Services not provided but Twin Busch may deduct from that refund reasonable compensation for the net costs Twin Busch will incur as a result of your ending the Contract. Please see clause 11 above.
3. How to end the Contract
3.1 Tell us you want to end the Contract. To end the Contract, please let Twin Busch know by doing one of the following:
(a) Phone or email. Call or email Twin Busch UK Limited.
(b) By post. Print off the form appearing at the end of these terms and conditions and post it to Twin Busch at the address on the form. Or simply write to Twin Busch at that address, including details of the Contract and your name and address.
3.2 Returning products after ending the Contract. If you end the Contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our address shown on your order acknowledgement or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01536 522960 or email us at firstname.lastname@example.org for a return label or to arrange collection. 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.
3.3 When we will pay the costs of return? We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
3.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
3.5 How Twin Busch will refund you. If you are entitled to a refund under these terms Twin Busch will refund you the Contract Price you paid by the method you used for payment. However, Twin Busch may make deductions from the Contract Price, as described below.
3.6 When Twin Busch may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
Twin Busch may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told Twin Busch that 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.
3.7 When your refund will be made. Twin Busch will make any refunds due to you as soon as possible. As a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling Twin Busch that you have changed your mind
MODEL CANCELLATION FORM FOR CONSUMER PURCHASERS
(Complete and return this form only if you wish to withdraw from the contract)
To TWIN BUSCH UK LT (registration number (10191438) of Unit 9a Linnell Way, Telford Way Industrial Estate, Kettering, Northamptonshire, England, NN16 8PS
I/We [*] hereby give notice that I/We [*] cancel my/our [*] agreement for the supply of Goods or Services in connection with [specify title of the Event],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriat