Terms and Conditions

8.11  Ending the Contract for late delivery - This clause applies to Consumers Only. If under clause 8.9 or clause 8.10 you choose to treat the Contract as at an end for late delivery, 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.

8.12  Your legal rights if we deliver late - This clause applies to Business Customers Only. If you are a Business Customer, failure to meet any agreed delivery date shall not give rise to liability on the part of us.

8.13  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.

8.14  When you own the Products - This clause applies to Consumers Only. You own the Products once we have received payment in full.

8.15  When you own the Products - This clause applies to Business Customers Only. You own the Products once we have received payment in full. Until payment has been made in full to us, you shall have possession of the Products as bailee for us and shall store the Products in such a way as to enable them to be identified as our property, provided that if you are purchasing the Products for resale, you may in the ordinary course of your business sell and deliver the Products to a third party on condition that until such payment as aforesaid, you shall hold all proceeds of such sales in trust for us in a separate account. You undertake in any such case forthwith upon being requested by us to assign to us all rights and claims which you may have against your customers arising from such sales until payment is made in full as aforesaid. We reserve the right to repossess any Products in respect of which payment is overdue and thereafter to resell the same and for this purpose you hereby grant us an irrevocable right and licence to us, our servants and agents to enter upon all or any of your premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of us thereunder or otherwise.

8.16  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 and install them for you. 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 12.1) 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 or installing the Products late or not supplying or installing 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.

8.17  Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:

8.17.1  deal with technical problems or make minor technical changes;

8.17.2  update the Product to reflect changes in relevant laws and regulatory requirements;

8.17.3  make changes to the Product as requested by you or notified by us to you (see clause 7).

8.18  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 8 weeks and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.

8.19  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 14) and you still do not make payment within 30 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 14.9). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 14.8).

9. YOUR RIGHTS TO END THE CONTRACT WHERE YOU HAVE PURCHASED THE PRODUCTS AT A DISTANCE, FOR EXAMPLE (WITHOUT LIMITATION), ONLINE, BY TELEPHONE, POST OR BROCHURE ORDER.
Clauses 9.1 to 9.6 inclusive only apply to Consumer Contracts formed at a distance, for example (without limitation), online, by telephone, post or brochure ordering. Clause 9.7 applies to Business Customer Contracts only.

9.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

9.1.1 If what you have bought is faulty or wrongly 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 13;

9.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 11.2;

9.1.3 If you have just changed your mind about the Product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products to us;

9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.

9.2 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 clause 9.2.1 to 9.2.5 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:

9.2.1 we have told you about an upcoming change to the Product or these Conditions which you do not agree to;

9.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

9.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;

12.5.5  (being a company) the holder of a qualifying floating charge over the Business Customer's assets has become entitled to appoint or has appointed an administrative receiver;

12.5.6  a person becomes entitled to appoint a receiver over the Business Customer's assets or a receiver is appointed over the Business Customer's assets;

12.5.7  (being an individual) the Business Customer is the subject of a bankruptcy petition or order;

12.5.8  a creditor or encumbrancer of the Business Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

12.5.9  any event occurs, or proceeding is taken, with respect to the Business Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.5.1 to clause 12.5.8 (inclusive);

12.5.10  the Business Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;

12.5.11  the Business Customer's financial position deteriorates to such an extent that in our opinion the Business Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and

12.5.12  (being an individual) the Business Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

12.6  Without limiting its other rights or remedies, we may suspend provision of the Goods under the Contract or any other contract between us and a Business Customer if the Business Customer becomes subject to any of the events listed in clause 12.5.1 to clause 12.5.8 (inclusive), or we reasonably believe that the Business Customer is about to become subject to any of them, or if the Business Customer fails to pay any amount due under the Contract on the due date for payment.

12.7  On termination of a Contract made with a Business Customer for any reason, the Business Customer shall immediately pay to us all of our outstanding unpaid invoices and interest.

12.8  Termination of a Contract made with a Business Customer, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1  How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our consumer service team at +44 (0) 1302 645 685 or write to us at info@sensoryplus.co.uk or to our postal address which can be found on our contact page.

13.2  Summary of your legal rights - This clause applies to Consumers Only. 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 Conditions 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.

The Consumer Rights Act 2015 says Products which are goods (including any digital content supplied on them) must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:

up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

13.3 Your obligation to return rejected Products - This clause applies to Consumers Only. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, or post or ship them back to us without delay upon receipt.

The following clauses 13.4 to 13.8 inclusive apply to Business Customers only.

13.4 We shall not be liable to you:

13.4.1  for shortages in quantity delivered unless you notify us in writing of any claim for short delivery within 7 days of receipt of the Products;
13.4.2  for damage to or loss of the Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on behalf of us), unless you notify us of any such claim within 7 days of receipt of the Products or the receipt of advice note or invoice whichever shall be the earlier;

13.4.3  for defects in the Products caused by any act, neglect or default of you or of any third party including non-compliance with the guidance notes for interpretation of our warranty/liability provisions, as provided to you;

13.4.4  where the Specification and/or material has been specifically requested by you and against the recommendations of us;

13.5  Where we are found to be liable under any warranty provided by us to you in respect of the Products or where there is a shortage, damage or loss as referred to in clause 13.4 above the sole responsibility of us shall be at our option to make good any shortage or non-delivery and/or as appropriate replace or repair any Products found to be damaged or defective and/or refund the purchase price of the damaged, defective or undelivered Products.

13.6  Our aggregate liability to you shall be limited as set out in clause 16.

13.8 We shall be deemed to have fulfilled our contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the Contract and in such event, you shall pay for the actual quantity delivered.

13.8  Subject to the foregoing and clause 16, all conditions, warranties and representations expressed or implied by statute common law or otherwise in relation to the Products are hereby excluded and the Seller shall be under no liability to you for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship or otherwise, howsoever arising and whether or not caused by our negligence.

14. PRICE AND PAYMENT

14.1  Where to find the price for the Product. The price of the Product (which excludes VAT and carriage and any other taxes or duties payable by you) will be the price set out in our price list in force at the date of your Order or on the order pages where you have placed an Order through our Website, 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 14.5 for what happens if we discover an error in the price of the Product your Order.

14.2  VAT will be automatically added to invoices unless a VAT exemption form accompanies an Order.

14.3  Any other taxes payable on an Order will be automatically added to invoices unless an applicable exemption applies.

14.4  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 (including delivery and installation costs (as applicable)) in full before the change in the rate of VAT takes effect.

14.5  What happens if we got the price incorrect? 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 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 terminate the Contract, refund you any sums you have paid and require you to return the Product.

14.6  When you must pay and how you must pay - This clause applies to Consumers Only. We accept payment with Visa Debit/Credit, Mastercard, Switch and Amex. You must pay for the Products (including delivery and installation costs (as applicable)) before we dispatch them. We will charge your credit or debit card prior to dispatch of the Products to you

14.7  When you must pay and how you must pay - This clause applies to Business Customers Only. Payment is due for all Orders before they are manufactured / shipped with the exception of approved credit accounts, which are typically 30 days but shall not exceed GBP£5,000.00.

14.8  We can charge interest if you pay late. If you do not make any payment to us or if we are unable to collect any payment from you by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclay's Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.9  We also reserve the right to charge late payments for invoices unpaid beyond agreed. While this is absolutely not something we wish to ever do to a customer and seek to work with and support the customer where possible in all instances, it is a right reserved to protect ourselves from the charges we will inevitably incur due to unpaid invoices. Fees are fixed and proportionate to the scale of invoices or part payments unmade.

14:10  Where products or items are made ready for delivery by request of the customer and are then delayed by the customer / subsidiaries, etc. We reserve the right to charge storage fees.

14.11  What to do if you think an invoice is wrong. If you think an invoice is incorrect, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

14.12  Credit - This clause applies to Business Customers Only. Any granting of, or extension of credit allowed to a Business Customer may be changed or withdrawn by us at any time.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU - THIS CLAUSE APPLIES TO CONSUMERS ONLY

15.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the 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.

15.2  When we are liable for damage to your property. If we are installing the Products or providing other 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.

15.3  We are not liable for business losses. We only supply the Products to Consumers 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.

16. OUR LIABILITY - THIS CLAUSE APPLIES TO BUSINESS CUSTOMERS ONLY

16.1 Nothing in these Conditions shall limit or exclude our liability for:

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

16.1.2  fraud or fraudulent misrepresentation;

16.1.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979;

16.1.4  defective products under the Consumer Protection Act 1987; or

16.2 Subject to clause 16.1:

16.2.1  we shall under no circumstances whatever be liable to the Business Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

16.2.2  our total liability to the Business Customer 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 nocircumstances exceed the total price of the Contract for the Products under which the liability arises.

16.3 Our prices are determined on the basis of the limits of liability set out in these Conditions. You may by written notice to us request use to agree a higher limit of liability provided insurance cover can be obtained by us for you. We shall effect insurance cover up to such limit, where able, and you shall pay upon demand the amount of any and all such premiums incurred by us in obtaining this additional cover. You shall disclose such information as the insurers shall require. In no case shall you be entitled to recover from us more than the amount received from the insurers.

17. WARRANTY

17.1  Save as set out below, or where we offer an express written warranty for a specific Product on alternative terms we warrant that the Products will be free from defects of workmanship, design, or materials for a period of twelve months from the date of delivery.

17.2  We shall not be liable to you:

17.2.1  for shortages in quantity delivered unless you notify us in writing of any claim for short delivery within 7 days of delivery of the Products.

17.2.2  for damage to or loss of the Products or any part thereof in transit (where the Products are carried by your own transport or by a carrier on behalf of you), unless you notify us of any such claim within 7 days of delivery of the Products or the receipt of an advice note or invoice whichever shall be the earlier.

17.2.3  for defects in the Products caused by any act, neglect or default of you or of any third party.

17.2.4  where the Specification and/or Product material has been specifically requested by you and against our recommendations.

17.3 Where we are found to be liable under the warranty set out in clause 17.1 above, or for the shortages, damage or loss referred to in clause 17.2 above, the sole responsibility of us shall be, in our sole option to make good any shortage or non-delivery and/or as appropriate replace or repair any Products found to be damaged or defective and/or refund the purchase Price of the damaged, defective or undelivered Products.

18. HOW WE MAY USE YOUR PERSONAL INFORMATION

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

18.1.1 to supply the Products to you;

18.1.2 to process your payment for the Products; and

18.1.3 if you agreed to this during the Order process, to inform you about similar Products that we provide, but you may stop receiving these communications at any time by contacting us.

18.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search.

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

19. OTHER IMPORTANT TERMS

19.1  We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Conditions to another 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.

19.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.

19.3  Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end this Contract or make any changes to these Conditions.

19.4  If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions 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.

19.5  Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, 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.

19.6  Which laws apply to this Contract and where you may bring legal proceedings - This clause applies to Consumers Only. 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.

19.7  Which laws apply to this Contract and where you may bring legal proceedings - This clause applies to Business Customers Only. A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including noncontractual disputes or claims).