This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”) to the exclusion of all other terms and conditions including any terms and conditions you may purport to apply. Please read these Terms carefully, and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms or when asked to do so if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1We operate the website www.jtatkinson.co.uk. We are registered in England and Wales under company number 01027936 and have our registered office at Thornton House, Cargo Fleet Lane, Middlesbrough, TS3 8DE. Our main trading address is Thornton House, Cargo Fleet Lane, Middlesbrough, TS3 8DE. Our VAT number is 330475674.
1.2To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2All samples, drawings, descriptive matter, specifications and/or advertising is merely indicative of the type and quality of the Products we sell and no guarantee or warranty is given or implied that the Products will be exactly as described or, if applicable, conform to any sample given. The use of such a description or sample shall not give rise to a contract of sale by description and/or sample (as applicable).
2.3Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance. Where fine or special tolerances are required in the Products beyond those stated in this clause 2.3 or that are generally accepted in the building trade, no liability shall attach to us unless such tolerances are notified to us at time of your order and we acknowledge, in writing, that we agree to accept your order specifically including the fine or special tolerances so identified.
2.4The packaging of the Products may vary from that shown on images on our site.
2.5All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.6We may supply Products in either metric or imperial sizes in the nearest equivalent measure.
2.7If you require any advice (including advice regarding health and safety) from us regarding any Products you should contact us by e-mail at email@example.com.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.
5.3As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1For the steps you need to take to place on order on our site please follow the on screen prompts when you have chosen the Product(s) you would like to purchase.
7.2Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3Each order by you is an offer to purchase the Products subject to these Terms.
7.4After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.5.
7.5We will confirm our acceptance to you by sending you an e-mail (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
7.6If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.7You are solely responsible for ensuring the accuracy of any order including any applicable design drawing or specification provided to us by you and for giving us necessary information relating to the Products within sufficient time to enable us to perform the Contract in accordance with these Terms.
7.8Any quotation given by us is an invitation to treat only and shall lapse, unless otherwise stated on the quotation itself, 30 (thirty) days from the date it is given.
8. OUR RIGHT TO VARY THESE TERMS
8.1We may revise these Terms from time to time.
8.2Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1Notwithstanding anything else contained in these Terms, if you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract whether under these regulations or otherwise is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2However, this cancellation right does not apply in the case of:
9.2.1any made-to-measure or custom-made products;
9.2.2any products made to your specification or clearly personalised;
9.2.3newspapers, periodicals or magazines;
9.2.4perishable goods, such as food, drink or fresh flowers; or
9.2.5software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.3Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or by sending a letter to JT Atkinson & Sons Limited, Thornton House, Cargo Fleet Lane, Middlesbrough, TS3 8DE or please contact us by telephone at 01609 761000 (8am-5pm) to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.5You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7If the Products were delivered to you:
9.7.1you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.7.2unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
9.7.3you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.8Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.9As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1We will use our reasonable endeavours to ensure that your order will be fulfilled by any estimated delivery date specified to you (including, but not limited to, in the Order Confirmation), unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be of the essence. If no delivery date is specified to you, delivery shall be within a reasonable time.
10.2Unless otherwise agreed between us in writing, subject to clause 10.3, the Products shall be delivered to you by us, or our agents or carriers, at the address given by you when placing your order and delivery will be completed when we, or our agents or carriers, deliver the Products to the address you gave us or, if applicable, when you, or someone acting on your behalf, collect the Products from our premises.
10.3We, or our agents or carriers, shall only deliver to the address provided by you when placing your order if such delivery would be lawful and there is suitable and safe access to this address (which shall be determined in our sole discretion or that of our agents or carriers (including that of the driver of the relevant delivery vehicle)). If we, or our agents or carriers, determine, in our, or our agents’ or carriers’, sole discretion (including that of the driver of the relevant delivery vehicle), that delivery is not lawful and/or there is not suitable and safe access to the delivery address, delivery will be made to the nearest point which is, in our, or our agents’ or carriers’ sole opinion, lawful, suitable and safe.
10.4If no one is available at your address to take delivery, we, or our agents or carriers, will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery (please note that we reserve the right to charge additional delivery costs if we are required to attempt delivery of Products more than once).
10.5If Products are to be delivered at a location other than your private premises, you are solely responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons and property and will indemnify us in respect of all costs, claims, losses and expenses we may incur as a result of such delivery.
10.6We reserve the right to make delivery of Products by way of separate instalments and tender a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments or any claim by you in respect of any one or more instalments, shall not entitled you to treat the Contract as a whole as repudiated.
10.7Unless otherwise stated or agreed in writing, all prices assume delivery in full loads on normal weekdays and Saturday mornings during normal working hours and we reserve the right to charge additional costs for:
10.7.1deliveries by instalments when this has been requested by you;
10.7.2deliveries outside of normal working hours, Saturday afternoons, Sundays or any normal bank holidays in England and Wales.
10.8Unless otherwise agreed, you shall be responsible for unloading the Products and shall provide all necessary labour and equipment to do so. Unloading of the Products by you is to be completed lawfully, safely and with reasonable speed and, if our delivery vehicle, or that of our agent or carrier, is kept waiting for an unreasonable time (to be determined in our sole discretion, or that of our agent or carrier, acting reasonably) or is obliged to return without having made delivery of the Products or if we, or our agents or carriers, provide additional labour to unload the Products, we reserve the right to make an additional charge to you in this regard.
10.9The Products will be your responsibility from the completion of delivery.
10.10You own the Products once we have received payment in full, including all applicable delivery charges.
10.11We shall not be liable for any reasonable period of delay in delivery of the Products however caused. Notwithstanding that we may have delayed or failed to deliver the Products (or any of them) promptly you shall be bound to accept delivery of the Products and pay for the Products in full (if you have not already done so) provided that delivery shall be made within a reasons time of any estimated delivery date we have given to you or, if not, within a reasonable time of your order or (if later) before you have given us reasonable notice in writing of cancellation of the Contract because of unreasonable delay.
10.12If you fail to accept or take delivery of any Products or we are unable to deliver any Products because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate payment of the price of such Products (in so far as the price has not been paid) and risk in the Products shall pass to you. We may:
10.12.1store the Products until actual delivery and you shall be liable for all related costs and expenses (so far as they are reasonable) including, but not limited to, transport, insurance and storage costs.
10.12.2sell the Products (whether or not you have paid for them) at the best price readily obtainable and (after deducting all reasonable storage, insurance and selling expenses) account to you for the excess over the price or charge you for any shortfall below the price.
10.13The quantity of any consignment of Products as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
10.14You indemnify us in respect of all costs, claims, losses or expenses we may incur as a result of delivery in accordance with your instructions save for when such costs, claims, losses or expenses are due to our negligence.
11.1You shall inspect the Products at the place and time of unloading but nothing in these Terms shall require you to break packaging and/or unpack Products.
11.2You must give us written notice of any claim for short delivery within 7 working days of delivery or deemed delivery in accordance with clause 10. If you do not give us such notice within the time frame stipulated the Products will be deemed to have been delivered in the quantities shown on the delivery documents and you shall not be entitled, and irrevocably and unconditionally waive, any right to reject the Products or claim any damages whatsoever for short delivery howsoever caused.
11.3Where it would be apparent on reasonable inspection that the Products have a defect (save for reasonable tolerances) (“Defects”), you must give us written notice within 7 working days. If you are not a consumer and you fail to give us such notice within the time frame stipulated, the Products will be deemed to have been accepted and you shall not be entitled to, and irrevocably and unconditionally waive, any right to reject the Products.
11.4In the event that you give us written notice under clauses 11.2 or 11.3 above you shall afford us an opportunity to inspect the Products within a reasonable time following receipt and before any use is made of them. If you fail to comply with these provisions the Products shall be conclusively presumed to be in accordance with the Contract and free from any Defects which would be apparent on reasonable inspection of the Products and you shall be deemed to have accepted the Products.
12. NO INTERNATIONAL DELIVERY
12.1Unfortunately, we do not deliver to addresses outside the UK.
12.2You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
13. TITLE AND RISK
13.1Risk in all Products shall pass to you when the Products have been delivered in accordance with clause 10 above.
13.2Subject to clause 13.3 below, title in the Products shall remain with us until you pay in full all sums due to us whether in respect of the Contract or otherwise. We shall be entitled to recover the price of the Products (including VAT and any other applicable charges) despite the fact that title to the Products remains with us.
13.3Until title to the Products passes to you:
13.3.1you shall hold the Products as our fiduciary agent and bailee;
13.3.2where practical the Products shall be stored separately from any other products or goods and marked in such a way that they are clearly identified as our property.
13.3.3you shall not interfere with any identification marks, labels, batch numbers or serial numbers on the Products.
13.3.4you may use or sell the Products (as principal and not as our agent) in the ordinary course of business subject to the express condition that the entire proceeds of any sale or insurance received in respect of Products held in trust for us and not mixed with any monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.
13.4Until such time as title in the Products passed from us, you shall upon request deliver up to us such Products as have not ceased to be in separate existence or resold by you. We shall be entitled at any time to recover any or all of the Products in your possession to which we have title and, for that purpose, we and our employees and/or agents shall be entitled, with such transport as is necessary, to enter upon any premises occupied by you or to which you have access and where the Products may be or are believed to be situated. On the making of any such request your right under clause 13.3.4 above shall cease.
13.5You shall not pledge or in any way charge by way of security for any indebtedness any of the Products in which we have title.
13.6You shall insure and keep insured the Products to their full market value against ‘all risks’ to our reasonable satisfaction until title in the Products passes from us and shall whenever requested by us produce a copy of the policy of insurance.
13.7Without prejudice to any of our other rights, if you fail to comply with the provisions of this clause 13.7 all sums whatever owing by you to us shall forthwith become due and payable.
14. PRICE OF PRODUCTS AND DELIVERY CHARGES
14.1The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
14.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
14.5Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if the Product is incorrectly priced on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15.1Payment for Products shall be made using a debit card or credit card at the time of your order. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we confirm your order.
15.2Time for payment shall be of the essence. No payment shall be deemed received until we have received cleared funds.
16. MANUFACTURER GUARANTEES
16.1Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
16.2If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 18 only applies if you are a business customer.
17.1This clause 17 provides our entire liability to you whether in contract (including any breach of warranty condition or other term express or implied), tort (including negligence), misrepresentation, breach of duty (common law or statutory), strict liability or other legal liability including liability for acts of defaults of our employees, agents, sub-contracts or affiliated companies (“Liability”).
17.2We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.
17.3We shall not be liable for any damages whatsoever in respect of a Liability and instead we undertake, subject to clause 17.5 below, in our sole discretion either to repair the Products at our own expense or to supply replacement Products or to make good a shortage free of charge or to refund all (or, where appropriate, part) of the price you paid for the relevant Products.
17.4Subject to the other provisions of this clause 17 and without prejudice to any other provision in these Terms, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you paid for the Products.
17.5We shall have no liability to you if, without just cause, any money due in respect of the Products has not been paid in full by the due date for payment.
17.6We shall have no liability to you to the extent that you are covered by any policy of insurance arranged by you or of which you have the benefit and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
17.7We shall not be liable under the Contract in respect of Defects:
17.7.1if the Defect arises from fair wear and tear;
17.7.2if the Defect arises from wilful damage, negligence, abnormal working conditions, misuse, alteration, repair of the Products, failure to follow industry standard instructions relevant to the Products or storage of the Products in unsuitable conditions (but this sub-clause shall not apply to any act or omission on our part);
17.7.3unless you comply with clause 11.4 above.
17.8If the Products are not manufactured by us or have been processed or milled by a third party whether or not at our or your request our liability in respect of any Defect will be limited to such rights against the manufacturer or the third party as we may have in respect of those Products. We will on written request provide details of our rights against the manufacturer or third party and any other terms and conditions imposed by the manufacturer or the third party and so far as possible we will on request assign you any such rights.
17.9If the Products are processed or milled by us at your request to the design, quantity, measurement or specification of you or your agents then:
17.9.1you will unconditionally, fully and effectively indemnify us against all loss, damage, costs (on an indemnity basis) and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patents, copyright, design or trademark or any other industrial or intellectual property or rights of any other person;
17.9.2you will further unconditionally fully and effectively indemnify us against all loss, damages, costs (on an indemnity basis) and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any other claim arising from such processing or milling including but not limited to any Defect in the Products. This indemnity will be reduced in proportion to the extent that such loss, damage, costs and expenses are due to our negligence.
17.9.3you will unconditionally fully and effectively indemnify us against all loss, damage, costs (on an indemnity basis) and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim by any third party arising from the supply or use of the Products including loss arising from our negligence.
17.10Nothing in these Terms limit or exclude our liability for:
17.10.1death or personal injury caused by our negligence;
17.10.2fraud or fraudulent misrepresentation;
17.10.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.10.4defective products under the Consumer Protection Act 1987.
17.11Subject to clause 18.818.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.11.1any loss of profits, sales, business, or revenue;
17.11.2loss or corruption of data, information or software;
17.11.3loss of business opportunity;
17.11.4loss of anticipated savings;
17.11.5loss of goodwill; or
17.11.6any indirect or consequential loss.
17.12Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 19 only applies if you are a consumer.
18.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3We do not in any way exclude or limit our liability for:
18.3.1death or personal injury caused by our negligence;
18.3.2fraud or fraudulent misrepresentation;
18.3.3any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
18.3.5defective products under the Consumer Protection Act 1987.
18.4Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. HEALTH AND SAFETY
19.1Some of the Products we supply could, if incorrectly used, give rise to risk to health and safety. Information in respect of such Products is available from us on request. You undertake that you will ensure that you and your employees, agents, subcontractors and customers will comply with any instructions given by us and/or the manufacturer / supplier of the Products and will take any other steps, measures and/or precautions, having regard to the nature of the relevant Products, as are necessary to preserve the health and safety of any person handling, using or otherwise coming into contact with the Products.
20.1You are solely responsible for the disposal of any waste arising from the Products you purchase and you undertake that you will comply with all applicable laws, rules, licences, consents and/or other relevant regulations relating to such waste including, but not necessarily limited to, the appropriate disposal of any Products by you save for when you are a consumer or it is our responsibility to do so in law. You hereby indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this clause 22.
21. BRIBERY ACT COMPLIANCE
21.1You shall ensure that in any dealings with us, neither you nor any of your employees or agents shall commit any offence under the Bribery Act 2010 (“Act”) including not engaging in any activity, practice or conduct which would constitute an offence under section 1, 2 or 6 of the Act. You shall inform us immediately if you become of aware of any actions that could constitute an offence under the Act.
22. EVENTS OUTSIDE OUR CONTROL
22.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 24.2.
22.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
22.3.1we will contact you as soon as reasonably possible to notify you; and
22.3.2our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
23. COMMUNICATIONS BETWEEN US
23.1When we refer, in these Terms, to "in writing", this will include e-mail.
23.2If you are a consumer:
23.2.1To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us by sending an e-mail to email@example.com or by sending a letter to JT Atkinson & Sons Limited, Thornton House, Cargo Fleet Lane, Middlesbrough, TS3 8DE or by telephoning us at 01609 761000 (8am-5pm). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
23.2.2If you wish to contact us in writing for any other reason, you can send this to us by e-mail to firstname.lastname@example.org
23.3If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
23.4If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. OTHER IMPORTANT TERMS
24.1If you are a consumer, any provision of these Terms which would be deemed unfair or otherwise unenforceable against you under statute, common law or otherwise shall not apply and your statutory rights as a consumer shall not be effected by these Terms.
24.2We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
24.3You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
24.4This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
24.5Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.6If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.7If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
24.8If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
24.9We will not file a copy of the Contract between us.
25. TINS DISCLAIMER
25.1 Products supplied in tins (paints, bitumen etc.) are packaged appropriately in accordance with courier guidelines. The products being sold are the contents within the tin and not the tin itself. Tins may arrive dented following transit and will only be refunded or replaced in cases where the contents have been compromised or leaked. Dented tins will not be refunded or replaced.
If it looks from the outside that your parcel may be damaged, please take photographic evidence immediately on receipt, before opening and email the photograph to email@example.com. Do not open the parcel where leakage could cause damage to any other property as contents may have leaked during transit. JT Atkinson will not accept responsibility for damages to property caused by leaking parcels during or after delivery.
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J T Atkinson & Sons Limited