Terms and Conditions

Our terms

1.                   These terms

1.1               What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2               Why you should read them. Please read these terms carefully before you submit you 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 or require any changes, please contact us to discuss.

1.3               These terms apply to both business customer and consumers. In some areas you will have different rights under these terms depending on whether you are a business customer or a consumer.

You are a consumer if:

·         You are an individual; and

·         You are buying our products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4               If you are a business customer these terms constitute the entire agreement between you and us in relation to the supply of the products by us to you. 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 these terms. You confirm that you have authority to bind any business on whose behalf you trade with us for the supply of our products.

2.                   Information about us and how to contact us

2.1               Who we are. We are KIMBERS (SOUTHERN) LIMITED a company registered in England. Our company registration number is 01793894 and our registered office is at Unit 1a, Somerford Business Park Wilverley Road, Christchurch, Dorset, BH23 3RU. Our registered VAT number is 382802448.

2.2               Contacting us if you are a business: You can contact us by telephoning our head office at 01202480900 or by emailing us at sales@kimberscarpets.co.uk

2.3               Contacting us if you are a consumer:

(a)          to cancel a contract in accordance with your legal right to do so, you can follow the procedure set out in clause 8.

(b)          if you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our head office at 01202480900 or by e-mailing us at sales@kimberscarpets.co.uk

2.4               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.

2.5               "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.                   Our contract with you

3.1               How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the products, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.

3.2               If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the products. 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 a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3               Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4               We only sell in the South – West England. Our brochure and website are solely for the promotion of our products in the South – West England. We deliver to any addresses within 30 miles of our depot located at Unit 1a, Somerford Business Park Wilverley Road, Christchurch, Dorset, BH23 3RU. Any orders to addresses outside 30 miles radius can only be ordered for our click and collect service.

4.                   Our products

4.1               Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. In particular, please note the following:

·         Pile pressure shading and pile reversal in carpets. All pile carpets will show light and dark areas according to the direction in which the pile yarn lies. As carpets become soiled in wear, they may appear to lose colour, but this may be restored when the carpet is cleaned. Light or delicately coloured carpets may show this effect sooner than those where the colour is stronger or the pattern more pronounced. The above characteristics are inherent in all pile fabrics and are not to be considered defects. Changes in carpet appearance, such as occurring from staining, soiling, fading, pilling or flattening of a carpet pile are not included within any product guarantee.

·         Berber style carpets.  Berber style carpets may show ‘lines’ or ‘stripes’ along the length due to their manufacturing process. Berber style carpets commonly shed a lot of fibres initially, this can take up to 6 months to clear and correct. To speed this process up regular hoovering is recommended. Manufacturers do not consider this shedding affect to be a defect.

·         Matching colours. For technical reasons it is not always possible to obtain an exact colour match between different widths of carpet. We therefore recommend that plain and tonal carpets are made from one width wherever possible so that slight differences in colour matching, which generally cannot be avoided do not arise. Carpets ordered at different times cannot be guaranteed to colour match and the finished textures can vary over time.

·         Hoover marks. Many carpets, especially polypropylene will show hoovering marks and foot marks where the pile has been reversed or crushed, this is to be expected and not considered as a defect in the product.

4.2               Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us. All carpets are sold subject to manufacturer’s tolerance on width and length.

5.                   Your rights to make changes

If you wish to make a change to the products 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 products, 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.

6.                   Our rights to make changes

6.1               Minor changes to the products. We may change the product to implement minor manufacturing adjustments and improvements, for example:

(a)           A line fault in the carpet that can be repaired; or

(b)           Stains that can be removed without any damage being caused to the products.

7.                   Providing the products

7.1               Delivery and installation costs. The costs of delivery and installation will be as told to you during the order process. If any costs will change this will be agreed before any of the works are carried out.

7.2               When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products ordered are:

(a)           I Goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 3-5 working days after the day on which we accept your order.  The delivery time may change due to the unforeseen circumstances of which we will notify you as soon as reasonably practicable. Your legal rights in case of late delivery are set out in clause 7.8.

(b)           One-off services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.

7.3               Fitting appointments.

(a)           Making fitting appointments. We make a reasonable effort to keep our fitting appointments as agreed between you and us at the time of the order, however any given times are approximate and cannot be guaranteed. A delay may occur due to an event outside our control. In case of a delay outside our control, we will reschedule the fitting appointment for the soonest available appointment. Your legal rights in case of event outside our control are set out in clause 7.4.

(b)           Fixtures and fittings We are not responsible for removal of computers, tv sets and other electrical equipment when supplying our products (including installation services). It is your responsibility to clear all desks and work surfaces.

(c)            Cancelling your fitting appointment. We may charge you an additional cost if you cancel an agreed fitting appointment if you give us less than 24 hours’ notice.

7.4               We are not responsible for delays outside our control. If our supply and/or installation of the products is delayed by an event outside our control (an event outside control includes but is not limited to any delays in completion of work required to be done by a third party service provider engaged by you preceding delivery and/or installation of our products) then we will contact you as soon as possible to let you know and we will take steps, as far as reasonably necessary, 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.

7.5               Collection by you. If you have asked to collect the products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU., you can collect them from us at any time during our working hours of 9.30am – 4.30pm on weekdays (excluding public holidays) and Saturdays and Sundays.

7.6               If you are not at home when the product is delivered. If no one is available at your address to take delivery on the date agreed with you at the date of the order, we will leave you a note informing you of how to rearrange delivery or collect the products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU.

7.7               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 th products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU we will contact you for further instructions and may charge you for storage costs and any further delivery costs as applicable.  If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2will apply.

7.8               If you do not allow us access toinstall. . If you have asked us to install the products for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.

7.9               Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

(a)           we have refused to deliver the products;

(b)           delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)            you told us  before we accepted your order that delivery within the delivery deadline was essential.

7.10           Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.11           Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you will have to return them to us or allow us  to collect them, and we will pay the costs of this.

7.12           When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.13           When you own goods. You own a product which is goods once we have received payment in full.

7.14           What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, colour, quality, delivery dates of the products ordered. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.15           Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)           deal with technical problems or make minor technical changes;

(b)           make changes to the product as requested by you or notified by us to you (see clause 6); or

(c)            the product has been withdrawn as per clause 9.3.

7.16           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. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days; and we will refund any sums you have paid in advance for the product.

7.17           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 11.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.8). As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6). 

8.                   Your rights to end the contract

8.1               You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, "If there is a problem with the product").

8.2               What happens if you have a good reason for ending the contract. 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 or have not been provided properly and you may also be entitled to further compensation. The reasons are:

(a)           we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);

(b)           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;

(c)            there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)           we have suspended supply of the products for commercial reasons, or notify you we are going to suspend them for commercial reasons, in each case for a period of more than 30 days; or

(e)           you have a legal right to end the contract because of something we have done wrong but see clause 7.8 in relation to your rights to on end the contract if we deliver late.

8.3               What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then 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 your deposit amount or a nominal fee as reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.4               Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. 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 are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.

9.                   Our rights to end the contract

9.1               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:

(a)           you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b)           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, for example, colour, quality, delivery dates of the products ordered;

(c)            you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d)           you do not, within a reasonable time, allow us access to your premises to supply the services.

9.2               You must compensate us if you break the contract.

(a)           If you are consumer and if we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you either your deposit amount or a nominal fee as reasonable compensation for the net costs we will incur as a result of your breaking the contract.

(b)    You must compensate us if you break the contract. If you are a business customer and if we end the contract in the situations set out in clause 9.1 we will may deduct or charge you either the full amount or a deposit amount paid by you for the products as reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3               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 21 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10.               If there is a problem with the product

10.1           How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone at 01202480900 or email at sales@kimberscarpets.co.uk. Alternatively, please speak to one of our staff in-store.

10.2           Summary of your legal rights. 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 product. Nothing in these terms will affect your legal rights.

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 0761074000.

If your product is goods, for example [furniture], 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:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund. 
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

If your product is services, for example [a contract for assembling  furniture], the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

 

10.3           Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or allow us to collect them from you. We will pay the costs of collection.

10.4           Your right to change your mind. We, Kimbers Southern Limited of Unit 1a, Somerford Business Park Wilverley Road, Christchurch, Dorset, BH23 3RU, offer the following guarantee which is in addition to your legal rights (as described in clause 10.2) and does not affect them. If you change your mind about a product either before it is delivered or within 14 days of receiving it, please contact us to arrange for a full refund. If you have received the unwanted product you must return it to us and we will pay the costs of return. This guarantee is only offered to consumers resident in the South-West England. Your right as a consumer to change your mind does not apply in respect of the services once these have been completed, even if the cancellation period is still running.

10.5           Transferring our guarantee. You may transfer our guarantee at clause 10.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

11.               Price and payment

11.1           Where to find the price for the product. The price of the product (which includes VAT) will be the price set out on that particular product or in our service price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see Clause 11.4 for what happens if we discover an error in the price of the product you order.

11.2           The price for the product. The price for the product is not fixed and is subject to costs of materials, labour and tax at the time of the order. The price of the product is exclusive of any additional services we may provide to you, for example but not limited to: cutting of doors, uplifting existing carpets or floorings, disposal of existing flooring, making good floors, moving furniture or metal edges unless otherwise stated in your order.

11.3           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.

11.4           What happens if we got the price wrong. It is always possible that, despite our reasonable 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 in our price list, 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 and refund you any sums you have paid.

11.5           When you must pay and how you must pay. We accept payment from the majority of credit and debit cards excluding American Express to order values over £10.00, anything under £10.00 is to be payable by BACS, cheque or cash. When you must pay for the products depends on what product you are buying:

(a)           for goods - you must make an advance payment of 50% of the price of the products  at the time the order is placed with a remaining balance to be paid upon collection or delivery. All orders under £1000 must  be paid in full upon placing the order.

(b)           for services, you must make an advance payment of 50% of the price of the services, before  delivery of the services. The balance of the price for  the services is due on completion of the services or, if agreed between you and us, within 30 calendar days of completion date.

11.6           We may charge you interest for late payments.

(a) If you are a consumer. If you do not make any payment due to us undr the terms by the due date for payment we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of 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 the interest together with any overdue amount.

(b) If you are a business customer. If you do not make any payment due to us under these terms by the due date for payment, then, without limiting our remedies under these terms, you shall pay interest on the overdue amount at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998. This interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with the overdue amount.

11.7           Our right to 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).

11.8           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.

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

12.1           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.

12.2           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.

12.3           When we are liable for damage to your property. If we are providing product in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the product to you. In particular, but not limiting to, we are not responsible for the following:

(a)           Any damage incurred to walls, paintwork, decorations and furniture;

(b)           Any damage to unsecured telephone cables or other wires, pipes and cables below the surface;

(c)            Underfloor heating systems affecting the flooring we install. It is your responsibility to ensure the underfloor heating supplied to you and installed by a third party provider is used according to the manufacturers’ guidelines. We recommend to use the underfloor heating to a maximum temperature of 27 °C and to turn it off 48 hours before we install our product ordered by you and not to turn it on again until 48 hours after we install the product at which point it should be increased at 1°C per day. For further information on how to use underfloor heating please contact the manufacturer or a third party service provider you engaged to supply and/or install the underfloor heating for you;

(d)           Repairing floorboards that may have creaks.

12.4           We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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

13.1           Nothing in our contract with you shall limit or exclude our liability for:

(a)           death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)           fraud or fraudulent misrepresentation;

(c)            any matter in respect of which it would be unlawful for us to exclude or restrict liability.

13.2           Subject to clause 13.1:

(a)           we shall not be liable to you, whether in contract or in tort (including negligence) breach of statutory duty, or otherwise, for any loss or profit, sales, business, or any indirect consequential loss arising under or in connection with any contract between you and; and

(b)           our total liability to you for all other losses arising under or in connection with any contract between you and us , whether in contract, tort, (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the products ordered and supplied by us to you.

13.3           Except 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.

14.               MANUFACTURER GUARANTEE

14.1           Some of the products we sell to you come with a manufacturer's guarantee. For details of the applicable manufacturer’s terms and conditions, please refer to the manufacturer's guarantee provided with the products.

14.2           If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

15.               OUR WARRANTY FOR THE PRODUCT

15.1           Goods. For goods which do not have a manufacturer's guarantee, we give a warranty that goods on delivery shall be free from material defects.

15.2           Services. For services we give a warranty that upon completion of the services and for a period of 1 year thereafter, the services we provided shall be free from material defects.

15.3           The warranties given in clauses 15.1 and 15.2  do not apply to any defect in the products arising from:

(a)           fair wear and tear;

(b)           wilful damage, working conditions, accident, negligence by you or by any third party;

(c)            if you fail to use the products in accordance with the user instructions;

(d)           any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e)           if you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

16.               How we may use your personal information

16.1           How we will use your personal information. We will use the personal information you provide to us:

(a)           to supply the products to you;

(b)           to process your payment for the products; and

(c)            if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

16.2           We may pass your personal information to credit reference agencies. Where we extend credit to you for the products or our services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

16.3           We will only give your personal information to other third parties where the law either requires or allows us to do so.

17.               Other important terms

17.1           We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

17.2           Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.5 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these term.

17.3           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.

17.4           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.

17.5           Which laws apply to this contract and where you may bring legal proceedings if you are a customer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

17.6           Which laws apply to our contract with you 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 our contract with you for the sale of goods and/or the provision of the services 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.

17.7           Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 0761074000.