LET’S SHIELD LIMITED
Terms and Conditions of Business
– sales of goods, services and digital content
- THESE TERMS
- What these terms cover. These are the terms and conditions (“Terms”) on which we supply products to you, whether these are digital content, services or goods (together referred to as “Products”).
- Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
- Are you a business customer or a consumer? Our Products are intended for landlords of residential properties who are in business as such, as well as other businesses within the residential lettings sector in England and Wales such as lettings agents and inventory providers. As such, it is anticipated that most of our customers will require our Products for purposes within their trade, business, craft or profession (“business customer”). However, if you are an individual person and are ordering our Products for purposes which are wholly or mainly outside your trade, business, craft or profession, you are a consumer for the purposes of the Consumer Rights Act 2015 (“CRA”) and these Terms. If you are a consumer:
- the following clauses of these Terms (printed in BLUE) do notapply to you: Clauses 3.8, 6.9, 7.2(d), 10.4, 10.5, 10.6, 10.7and 13; and
- the following clause of these Terms (printed in RED) apply only to you (and not to business customers): Clauses 6.5, 7.1, 7.2(c), 7.3, 7.4, 7.5, 8.6, 10.2, 12 and the Schedule; and
- you will be asked to confirm that you are a consumer when you order any Products from us.
If you are not a consumer, you are referred to in these Terms as a business customer. If you are a business customer, the clauses set out at paragraph (a) above (printed in BLUE) apply to you (and not to consumers) but the clauses set out at paragraph (b) above (printed in RED) do notapply to you. If you are a business customer, your attention is particularly drawn to Clause 13 – Exclusions and Limitation of Liability.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are LET’S SHIELD LIMITED, a company registered in England and Wales. Our company registration number is 11640155 and our registered office is at The Sanderham Centre, Oakley Road, Chinnor, United Kingdom, OX39 4TW. Our registered VAT number is 311589802.
- How to contact us. You can contact us by telephoning our customer service team at 0800 193 1198or by writing to us by email at firstname.lastname@example.org or by post at Let’s Shield Limited, The Sanderham Centre, 38 Oakley Road, Chinnor, Oxfordshire, OX39 4TW.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- Placing your order. Please follow the onscreen prompts on our website to place an order for our Products. Each order is an offer by you to buy the Products specified in the order subject to these Terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but 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 3.4.
- How we will accept your order. Our acceptance of your order will take place when we send you an email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because goods are 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.
- We only sell to the UK. Our Products are intended for use only in relation to residential properties situated in England and Wales (they are not suitable for use in relation to properties outside those countries where different laws will apply). Our website is solely for the promotion of our Products to potential customers located in the UK (customers located in Scotland, Northern Ireland or other parts of the UK outside England and Wales may wish to order our Products for use in connection with residential properties they own or manage in England and Wales). Unfortunately, we do not accept orders from, or for delivery to addresses outside the UK.
- Pictures and packaging of Products may vary. Where our Products consist of goods, the images of the Products on our website are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours on our website accurately reflects the colour of such Products. The Product may vary slightly from those images. The packaging of such Products may also vary from that shown in images on our website.
- Entire agreement (business customers only). The contract formed between us, on these Terms, when we accept your order is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the contract.
- These Terms and any contract formed between you and us are made only in the English language.
- Your copy. You should print a copy of these Terms or save them on your computer for future reference.
- Your attention is drawn to our Copyright Notice in Clause 17(towards the end of these Terms).
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (seeClause 7 – Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the Products. We may change the Products (or any of them):
(a) to reflect changes in relevant laws and regulatory requirements , which could include updates to training videos and/or updated questions required for property inspections and reports; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat or improve the user experience. These changes will not materially affect your use of the Product.
- More significant changes to the Products and these Terms. In addition, as we informed you in the description of the Product on our website, we may make the following changes to these Terms or the Products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received. Such changes may include (but are not limited to)::
- the option to purchase additional Products from us;
- an increase in the price of the Products;
- a change to the length of the contract renewal period; and/or
- the inclusion of offers from third parties.
- Updates to digital content. We may update or require you to update digital content included in the Products, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- PROVIDING THE PRODUCTS
- When we will provide the Products.
- If the Products are one-off services. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
- If the Product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
- If the Products are ongoing services or a subscription to receive digital content or goods. We will supply the services, digital content or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 7or we end the contract by written notice to you as described in Clause 9.
- If the Products are goods. We will deliver them to you as soon as reasonably possible and will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
- Delivery costs. Where Products consist of goods, the costs of delivery will be as displayed to you on our website.
- We are not responsible for delays caused by events outside our control. If our supply of the Products is prevented or delayed by any act or event beyond our reasonable control (“Event Outside Our Control”) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the Event Outside Our Control. Provided we do this we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by the Event Outside Our Control, but if there is a substantial delay you may contact us to end the contract under Clause 7.2and receive a refund for any Products you have paid for but not received.
- If you are not at the delivery address when the Product is delivered. Where the Product consists of goods, if no one is available at the delivery address to take delivery and the Products cannot be posted through the letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot. If you do not collect the Products from us (or our delivery service provider) as arranged or if, after a failed delivery to you, you do not re-arrange delivery or to collect the Products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or to re-arrange delivery or collection, we may end the contract and Clause 10.2 (if you are a consumer)or Clause 10.3 (if you are a business customer)will apply.
- Your legal rights if we deliver goods late (consumers only). If you are a consumer, you have legal rights if we deliver Products which consist of goods late. If we miss the delivery deadline for any such Products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
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 this clause, you can give us a new deadline for delivery of the Products, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
If you choose to treat the contract as at an end for late delivery under this clause, you can cancel your order for any such Products or reject Products (which are goods) that have been delivered. If you wish, you can reject or cancel your order for some of those Products (instead of 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 must either return them in person to us, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our customer service team on 0800 193 1198 or email us at email@example.com a return label or to arrange collection.
- When you become responsible for goods. Where a Product is goods, it will be your responsibility (at your risk) from the time we deliver the Product to the delivery address you set out in your order or you (or a carrier organised by you) collect it from us.
- When you own goods. You own a Product which is goods once we have received payment in full for that Product, including all applicable delivery charges.
- 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, details of the rental property and your payment details. If so, this will have been stated with the description of the Products 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 (and Clause 9.2will apply) 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.
- Our right to re-sell the Products (which are goods) (business customers only). If you fail to take delivery of Products which are goods within days after the date we first notified you that we had tried to make delivery of the Products to you at your delivery address (but failed to make delivery) or that the Products were ready for you to collect, we may re-sell part or all of the Products.
- Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Product as requested by you or notified by us to you (see Clause 5).
- Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the supply of the Product for longer than one period of 24 hours in any calendar month, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours in any calendar month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
- 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 11.4) and you still do not make payment within 5 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 supply of the Products where you dispute the unpaid invoice (see Clause 11.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending supply of the Products we can also charge you interest on your overdue payments (seeClause 11.5).
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us (consumers only). Your rights when you end the contract will depend on what Products you have bought, whether there is anything wrong with those Products, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2; or
- If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraphs (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Product or these Terms which you do not agree to (seeClause 5.2);
- we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- (only if you are a consumer) there is a risk that supply of the Products may be significantly delayed because of an Events Outside Our Control;
- (only if you are a business customer) our performance of our obligations under the contract has been prevented or delayed by an Event Outside Our Control for a continuous period of more than  days; or
- we have suspended supply of the Products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 48 hours in any calendar month.
- Exercising your right to change your mind (under the Consumer Contracts Regulations 2013) (consumers only). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
- When you don’t have the right to change your mind (consumers only). You do not have a right to change your mind in respect of:
- digital products, after you have started to download or stream them;
- services, once these have been completed, even if the cancellation period is still running;
- goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio, video or computer software goods, once these have been unsealed after you receive them; and
- any goods which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? (consumers only).How long you have depends on what type of Product you have ordered and how it is delivered.
- Have you bought services (for example,on-line webinar training)?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.
- Have you bought digital content for download or streaming (for example, video training programmes. Property assessment tools, inspection reports or downloadable documents)?If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Have you bought goods (for example, smoke pens)? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- the goods are split into several deliveries over different days:in this case you have until 14 days after you (or someone you nominate) receives the last delivery to change your mind about the goods; or
- the goods are for regular delivery over a set period (for example, weekly over 3 months):in this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- HOW TO END THE CONTRACT WITH US (INCLUDING, IF YOU ARE A CONSUMER, WHERE YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 0800 193 1198or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
- Simply write to us at Let’s Shield Limited, The Sanderham Centre, Oakley Road, Chinnor, Oxfordshire, OX39 4TW, including details of what Product you bought, when you ordered or received it and your name and address.
- Returning goods after ending the contract. If you end the contract for any reason after Products which are 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 us, post them back to us at Let’s Shield Limited, The Sanderham Centre, 38 Oakley Road, Chinnor, Oxfordshire, OX39 4TW or (if they are not suitable for posting) allow us to collect them from you. Please call our customer service team on 0800 193 1198 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.
- When we will pay the costs of return of goods. We will pay the costs of return of Products which are goods:
- if such Products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, or because of an error in pricing or description of such Products, or because of 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection of goods. If you are responsible for the costs of return and we are collecting the Products (which are goods) from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind (consumers only). If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products (which are ooods), if this has been caused by you handling them in a way which would not be permitted in a shop. Please contact us at Email. Support @letsshield co.uk or see our Returns page on our website for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us 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.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind (as a consumer) then:
- if the Product is goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see Clause 8.2;
- in all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
- 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:
- 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;
- 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, assessor’s email address, delivery address and details of the landlord or the rental property to be covered;
- you do not, within a reasonable time, allow us access to your premises to supply the services;
- you do not, within a reasonable time, allow us to deliver the Products (which are goods) to you or collect them from us; or
- you ordered the Products in respect of any property of which you are not either the legal and/or beneficial owner or instructed to act on behalf of the legal and/or beneficial owner (as their agent) or in respect of any property which is not a residential property situated in England and Wales.
- You must compensate us if you break the contract. If we end the contract in one or more of 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 reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- 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 one month in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about any Product, please contact us. You can telephone our customer service team on 0800 193 1198or write to us by email at email@example.com by post at Let’s Shield Limited, The Sanderham Centre, 38 Oakley Road, Chinnor, Oxfordshire, OX39 4TW.
- Summary of your legal rights as a consumer (consumers only). We are under a legal duty to supply Products that are in conformity with this contract. If you are a consumer, 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.
|Summary of your key 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 03454 04 05 06.
a) If your product is digital content, for example , video training, property assessments and online reports, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also Clause 7.3.
If your product is services, for example a paid for webinar, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
If your product is goods, for example a smoke pen, 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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 7.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products which are goods, you must either return them in person to us, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our customer service team on 0800 193 1198 or email us firstname.lastname@example.org a return label or to arrange collection.
- If you are a business customer(not a consumer) we warrant that:
- subject to our rights to make changes (see Clause 5), we will supply the Products to you in accordance with the specification for those Products appearing on our website at the date of your order in all material respects;
- any services comprised in the Products will be provided using reasonable care and skill;
- if the Products are goods, they will be free from material defects in design, material and workmanship be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- we will use all reasonable endeavours to meet any performance dates specified when we accept your order, but any such dates are estimates only and any failure to deliver the Product or perform any services by such dates will not give you the right to terminate the contract.
10.5 If you are a business customer(not a consumer) subject to Clause 10.6, if:
(a)you give us notice in writing within a reasonable time of discovery that some or all of any Products which are goods do not comply with the warranties set out in Clause 10.4(a) and (c); and
(b)if we ask you to do so, you return the Products to us at our cost;
we will, at our option, repair or replace the defective Products, or refund the price for the defective Products in full.
- (Business customers only) We will not be liable for breach of the warranties set out in Clause 10.4 (a) and (c) (if you are a business customer) if:
- you make any further use of the Products after giving us notice under Clause 10.5(a);
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Products without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- If you are a business customer,we will only be liable to you for the failure of any Products which are goods to comply with the warranties in Clause 10.4(a) and (c)to the extent set out in Clauses 10.5 and 10.6.
- 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 indicated on the order pages of our website when you placed your order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the Product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
11.4 When you must pay and how you must pay. We accept payment through Charge Bee via our website, using a. debit card. When you must pay depends on what Product you are buying:
- For digital content, you must pay for the Products before you download them.
- For services, where these are to be provided online, you must pay for them in advance of the services being provided by us. If services are to be provided by us otherwise than online, such as face-to-face training, you must make an advance payment of 50% of the price of the services before we start providing them, which will be a non-returnable deposit. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice.
- For goods, you must pay for the Products before we dispatch them. We will not charge you credit or debit card until we dispatch the Products to you.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. Such interest shall be payable and shall be compounded on a quarterly basis (that is, on the 31 March, 30 June, 30 September and 31 December in each year) and shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think our invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (CONSUMERS ONLY)
- 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- When we are liable for damage to your property. If we are providing services 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 services.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- If you are a consumer, we are not liable for business losses. If you are ordering the products for domestic and private use only (as a consumer), if you then 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.
- EXCLUSIONS AND LIMITATION OF LIABILITY (BUSINESS CUSTOMERS ONLY):
- If you are a business customer, Clause 12 does not apply and this Clause 13 shall apply instead. We only supply Products which are goods for internal use by your business, and you agree not to use any such Products for any resale purposes.
- We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £[AMOUNT] per claim.The limits and exclusions in thisClause 13 reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
- Nothing in these terms limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or by section 2 of the Supply of Goods and Services Act 1982 (“SGSA”) (title and quiet possession).
- Subject to Clause 13.3, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with any contract for the products for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
- Subject to Clause 13.3, our total liability to you arising under or in connection with any contract for the Products, whether in contract, tort, (including negligence), breach of statutory duty, or otherwise, will be limited to100% of the total charges actually paid by you to us under that contract.
- Subject to Clause 13.3, if we fail to deliver Products which are goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by any event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
- The terms implied by sections 3, 4 and 5 SGSA or by sections 13 to 15 (inclusive) of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from any contract for the Products.
- Unless you notify us within the relevant notice period (“Claim Period”) that you intend to make a claim in respect of any event, we shall have no liability for that event. The Claim Period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Use Terms and Conditions.
- This Clause 13will survive termination of any contract relating to the Products.
- YOUR USE OF THE PRODUCTS
- You are responsible for your use of the Products and we will not be liable for any use of the Products by you which is unlawful, fraudulent, libellous, obscene or blasphemous.
- You are responsible for the truth and accuracy of all information and documents provided by you (or on your behalf) to us or uploaded or otherwise incorporated by you (or your agents) in any of the Products. You will ensure that such information and documents do not infringe the copyright, trade or service marks, patents or any other intellectual property rights, rights to privacy, publicity or personality of any other person.
- You agree to indemnify us against all and any claims, proceedings, damages, liabilities and costs (including legal costs on a full indemnity basis) arising out of or in connection with any breach by you of this Clause 14.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under any contract including these Terms to another person, company or organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under any contract including these Terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person (who is not party to this contract) in order to end the contract or make any changes to these Terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and paragraphs will remain in full force and effect.
- 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 you 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.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
17 COPYRIGHT NOTICE
COPYRIGHT © – LET’S SHIELD LIMITED – 2019
17.1 Ownership of Copyright. We, Let’s Shield Limited, unless otherwise stated, own the entirety of the intellectual property rights (including copyright) on our website www.letsshield.co.ukand in our Products [(except for Products which are goods, unless otherwise stated on our website)]. This ownership is without limitation and includes, but is not limited to all:
- written text;
- website coding;
- graphics, including artwork, photographs and images (save for those uploaded to our website by our customers)
- audio, including seminar voices; and
- video and audio visual materials (save for those uploaded to our website by our customers).
Please note that where we make reference to legislative provisions or documents and/or guidance provided by the Information Commissioner’s Office (ICO), the copyright holder is the Crown and the ICO respectively.
17.2 Copyright Licence. We grant you, our customer, a worldwide, non-exclusive, royalty-free, revocable licence to view our website, the material on our website and to view and use our Products for the purposes for which they are provided on a computer or mobile device via a web browser. All rights are reserved. This means that we do not grant you any other rights in relation to our website, the material on our website or in relation to our Products.
17.3 Copyright Warning. You must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public our website, the material on our website or any of our Products (in any form or media) without our prior written permission. As such, the reproduction or transmission of any part of the work on our website or comprised in any of our Products by any means, is strictly forbidden, unless written permission is granted by us.
17.4 Copyright Breaches and Enforcement. The intellectual property contained on our website and in our Products is very important to us and as such we take the protection of the works seriously. Any breach of this Copyright Notice may result in civil and/or criminal proceedings against you and/or your organisation. You may face civil sanctions (including Orders for damages) or even criminal liability.
17.5 Notification of Breaches. If you become aware of any breach of this Copyright Notice, either by you or someone else and whether or not the breach was mistaken, reckless or intentional, you must notify us within 24 hours of discovering the breach by writing to us by email at email@example.com.
MODEL CANCELLATION FORM – FOR CONSUMERS ONLY
(Complete and return this form only if you wish to withdraw from the contract)
To LET’S SHIELD LIMITED
The Sanderham Centre
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of customer(s),
Address of customer(s),
Signature of customer(s) (only if this form is notified on paper),
[*] Delete as appropriate
This model cancellation form © Crown copyright 2013.
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