Terms & Conditions of Sale

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to business customers (specifically clauses 7 to 12 inclusive) and consumer customers (specifically clauses 13 to 25 inclusive) through this website https://poweranddatauk.co.uk/ (“Our Site”). These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only. The following documents may also apply to your use of Our Site:

• Our Terms of Use, available at https://poweranddatauk.co.uk/pages/website-terms-of-use apply to your use of Our Site. These terms are also referred to below at clause 4.3.
• Our Privacy Policy, available at  https://poweranddatauk.co.uk/pages/privacy-policy. This is also referred to below in Part 28.

1. Definitions and Interpretation
   1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
      • “Contract”means a contract for the purchase and sale of Goods, as explained in Parts 9 and 15;
      • “Contact Tools”means any online communications facility that We make available on Our Site enabling you to contact Us including our contact forms;
      • “Goods”means the goods sold through Our Site;
      • “Order”means your order for Goods;
      • “OrderConfirmation” means Our acceptance and confirmation of your Order;
      • “Order Number”means the reference number for your Order; and
      • “We/Us/Our”means Power & Data UK, a company incorporated in the United Kingdom, with registration number whose registered office is at Unit 1 The Cam Centre, Wilbury Way, Hitchin, Hertfordshire, England, SG4 0TW.
   2. Unless the context otherwise requires, each reference in these Terms of Sale to:
      • “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
      • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
      • a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

2. Information About Us

1. Our Site is operated by means Power & Data UK, a company incorporated in the United Kingdom, with registration number whose registered office is at Unit 1 The Cam Centre, Wilbury Way, Hitchin, Hertfordshire, SG4 0TW.
2. Our VAT number is 463685263.

3. How to Contact Us
4. To contact Us with general questions or complaints by email, please email Us at sales@pandduk.com, to contact Us by telephone, please call Us on 01923 969309, and to contact Us by post, please write to Us at 17 Wood View, Hemel Hempstead, HP1 3HW.
5. To contact Us about the Goods or your Order by email, please email Us at sales@pandduk.com, to contact Us by telephone, please call Us on 01923 969309, and to contact Us by post, please write to Us at 17 Wood View, Hemel Hempstead, HP1 3HW.
6. To contact Us about cancellations by email, please email Us at sales@pandduk.com, to contact Us by telephone, please call Us on 01923 969309, and to contact Us by post, please write to Us at 17 Wood View, Hemel Hempstead, HP1 3HW.

4. Access to Our Site and Use of Our Site
5. Access to Our Site is free of charge.
6. It is your responsibility to make the arrangements necessary in order to access Our Site.
7. Use of Our Site is subject to Our Website Terms of Use, available at https://poweranddatauk.co.uk/pages/website-terms-of-use. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

5. Changes to these Terms of Sale
6. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
7. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6. Business Customers and Consumers
7. The following clauses 7 to 12 (inclusive) of these Terms of Sale apply to business customers only (‘B2B’).
8. Clauses 13 – 25 (inclusive) of these Terms of Sale apply to consumer customers only (‘B2C’)
9. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

7. BUSINESS CUSTOMER TERMS & CONDITIONS
   
   Goods, Pricing and Availability (B2B)
8. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
   • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
   • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
9. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
10. Where appropriate, you may be required to select the required size, model, colour, number, of the Goods that you are purchasing.
11. We cannot guarantee that Goods will always be available.
12. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
13. In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
14. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.10 regarding VAT, however).
15. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 working days, We will treat your Order as cancelled and notify you of this in writing.
16. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
17. Prices on Our Site are shown inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
18. Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to  https://poweranddatauk.co.uk/delivery-information/. Delivery options and related charges will be presented to you as part of the order process.
19. 
    Orders – How Contracts Are Formed (B2B)
20. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
21. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
22. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
23. Order Confirmations shall contain the following information:
    • Your Order Number;
    • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
    • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
    • Estimated delivery date(s);
24. We will also include a paper copy of the Order Confirmation with your Goods.
25. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
26. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
27. 
    Payment (B2B)
28. Payment for Goods and related delivery charges must always be made in advance unless previously agreed with Us in writing, and you will be prompted to pay during the order process.
29. Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
30. We accept the following methods of payment on Our website:
    • Credit debit card – Visa Mastercard American Express
    • Shop Pay
    • Google Pay
    • Paypal
31. If we have agreed credit terms with you in writing, payment must be made in full within the timescales agreed.
32. 
    Delivery, Risk and Ownership (B2B)
33. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 26).
34. If We are unable to deliver the Goods on the delivery date, the following will apply:
    • If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
    • If you do not collect the Goods or rearrange delivery within 3 working days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
35. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
    • We have refused to deliver your Goods; or
    • In light of all relevant circumstances, delivery within that time period was essential; or
    • You told Us when ordering the Goods that delivery within that time period was essential.
36. If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
37. You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 2 working days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
38. Delivery shall be deemed complete once We have delivered the Goods to the address you have provided.
39. Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
40. Responsibility for (the risk in) the Goods will pass to you when delivery is complete, as defined in sub-Clause 10.6.
41. Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
42. 
    Faulty, Damaged or Incorrect Goods and General 7-day Return Policy (B2B)
43. We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
44. If any Goods you have purchased do not comply, subject to sub-Clause 11.3 and your compliance with sub-Clauses 11.2.1 to 11.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
    • You must give Us written notice of the non-compliance within 48 hours of discovering it;
    • You must return the Goods in question to Us at Our expense (see sub-Clause 11.6 for more information); and
    • You must give Us a reasonable opportunity to examine the Goods in question.
45. We will not be liable for any non-compliance with the provisions of sub-Clause 11.1 of any Goods if any of the following apply:
    • You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 11.2.1;
    • The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation or storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
    • The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
    • You have made any unauthorised alterations or repairs to the affected Goods; or
    • The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
46. The terms of this Clause 11 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 11.2.
47. Except as provided in this Clause 11, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 12
48. To return Goods to Us for any reason under Clauses 11.1-11.5, please contact Us at sales@pandduk.comto arrange for a collection and return. We will be fully responsible for the costs of returning Goods under Clauses 11.1 – 11.5 and will reimburse you where appropriate.
49. Any and all refunds issued under Clauses 11.1 – 11.5 will include all delivery costs paid by you when the Goods were originally purchased.
50. You may return the Goods if you change your mind within 7 days of receipt of the Goods provided that the Goods are unopened, undamaged and in the same condition as when they were received. You must pay the delivery costs of returning such Goods to Us and you must return them within 7 days of receipt. Any refunds made under this Clause 11.8 shall exclude original delivery costs. Bespoke Goods marked by Us on our Site as ‘special order’ Goods are exempt from this clause 11.8 and cannot be refunded.
51. Refunds (whether full or partial) under this Clause 11 will be issued within 14 days of the day on which We agree that you are entitled to the refund.
52. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.

• Our Liability (B2B)
  1. Subject to sub-Clause 12.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
  2. Subject to sub-Clause 12.4, Our maximum liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be a sum equivalent to 100% of the total sums paid by you for the Goods under the contract in question.
  3. Except to the extent expressly set out in sub-Clause 11.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

CONSUMER CUSTOMER TERMS & CONDITIONS (Clauses 13 – 25)

13. 
    Goods, Descriptions, and Changes (B2C)
14. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
    • a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
    • b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; 
15. Please note that Part 13.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 19.
16. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
    Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
    Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
17. As explained in the descriptions of certain Goods, more significant changes may also be made to certain Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
18. 
    Pricing (B2C)
19. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 14.2.
20. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
21. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
22. If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
23. If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 calendar days, We will treat your Order as cancelled and inform you of the cancellation in writing.
24. Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process. We will try our best to ship your order, but on occasions additional charges may apply.
25. 
    Orders and How Contracts Are Formed (B2C)
26. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
27. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
28. If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
29. If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
30. We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
31. No part of Our Site constitutes a contractual offer capable of acceptance.
32. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
33. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
34. Order Confirmations contain the following information:
    • a) Your Order Number;
    • b) Confirmation of the Goods ordered including full details of their main characteristics;
    • c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
    • d) Estimated delivery date(s)
35. We will also include a paper copy of your Order Confirmation with your Goods.
36. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
37. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
38. We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
39. 
    Payment (B2C)
40. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
41. We will not charge your chosen payment method until We dispatch the Goods.
42. We accept the following methods of payment:
    • Credit debit card – Visa Mastercard American Express
    • Shop Pay
    • Google Pay
    • Paypal
43. We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Barclays Bank from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
44. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 16.4 on any sums disputed in good faith under this Part 16.5.
45. 
    When You Own the Goods (B2C)
46. Ownership of the Goods passes to you once We have received payment in full of all sums due.
47. 
    Delivery (B2C)
48. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
49. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
50. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
51. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
52. If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
53. In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
    • a) We have refused to deliver the Goods;
    • b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
    • c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
54. If you do not wish to cancel under Part 18.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
55. 8 You may cancel all or part of your Order under Parts 18.6 or 18.7 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. If any cancelled Goods are delivered to you, you must return them to Us with any free gift received with the Goods or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
56. Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided.
57. As explained in Part 15.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
58. 
    Faulty, Damaged, or Incorrect Goods (B2C)
59. This Part 19 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
60. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
    • a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
    • b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
    • c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
    • d) If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
    • e) Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.
61. Please note that you will not be eligible to claim under this Part 19 if:
    • a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
    • b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
    • c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
    • d) The problem(s) is/are the result of normal wear and tear; or
    • e) You have changed your mind (please refer to Part 21).
62. If there is a problem with the Goods, please contact Us using the details provided above in Part 3.
63. If you exercise your legal right to reject the Goods, you must return them to Us.
64. To return Goods to Us for any reason under this Part 19, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
65. 
    Your Rights to Cancel and End the Contract (B2C)
66. If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 19, above, for more information.
67. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 21, below, for more information.
68. If you wish to end the Contract because of something We have done or are going to do, please refer to Part 22, below, for more information.
69. 
    Cancelling and Ending the Contract if You Change Your Mind (B2C)
70. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
    • a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
    • b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
71. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
72. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
73. Please note that this right to cancel may not apply in the following circumstances:
    • a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
    • b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
    • c) If the Goods have been personalised or custom-made for you;
    • d) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

22. 
    Cancelling and Ending the Contract Because of Something We Have Done or Will Do (B2C)

1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
   • a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
   • b) We have informed you about an upcoming change to the Goods that you do not agree to (see Part 7);
   • c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
   • d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 18.2);
   • e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 18.6 or 18.7 apply).
2. If you cancel and end the Contract for any of the reasons set out in this Part 16, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.
3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, Our contact details are provided above in Part 3.
4. 
   Returning Goods After Cancelling and Ending the Contract (B2C)
5. Subject to your right to partially cancel your Order under Part 18.8, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us with any free gift received with the Goods or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
6. If you are exercising your right to change your mind under the cooling-off period as set out in Part 21, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
7. We will cover the costs of returning the Goods and any free gift to Us in the following circumstances:
   • a) The Goods are faulty or misdescribed;
   • b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
   • c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
   • d) You are cancelling and ending the Contract because We have made an error in the price or description;
   • e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
   • f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 18.6 or 18.7 apply);
8. In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
9. 
   Refunds (B2C)
10. All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:
    • a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
    • b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 days, but you select 24 hour delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
11. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
    • a) The day on which We receive the returned Goods;
    • b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
    • c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
    • d) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

25. 
    Our Liability to Consumers (B2C)

1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. Where you are a consumer, we only supply goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 19.
5. 
   Events Outside of Our Control (Force Majeure)
6. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
7. If any event described under this Clause 26 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
   • We will inform you as soon as is reasonably possible;
   • We will take all reasonable steps to minimise the delay;
   • To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
   • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
   • If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods;
   • 2.6 If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish using the following details: Telephone: 01923 969309; Email: sales@pandduk.com; Post: 17 Wood View, Hemel Hempstead, HP1 3HW In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.
     Contact us via:
   • Telephone: 01923 969309;
   • Email: sales@pandduk.com;
   • Post: 17 Wood View, Hemel Hempstead, HP1 3HW;

27. 
    Complaints and Feedback

1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
2. If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.
3. 
   How We Use Your Personal Information
   We will only use your personal information as set out in Our Privacy Policy, available from  https://poweranddatauk.co.uk/pages/privacy-policy
4. 
   What Happens if We Transfer this Agreement to Another Party
   We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
5. 
   Other Important Terms
6. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
7. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
8. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
9. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
10. 
    Law and Jurisdiction
11. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
12. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 31.1 takes away from or reduces your legal rights as a consumer.
14. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

These Terms of Sale were last updated on 19^th June 2024.