- LIMITATION OF LIABILITY
THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
11.1 Subject to condition 9, the following sets out the entire liability of the Seller (including any liability for the acts or omissions of its employees, agents or subcontractors) to the Buyer in respect of any breach of these Conditions, any representation or statement made or act or omission relating to or done in connection with the Contract including negligence and other tortuous liability. 11.2 All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law but this exclusion does not apply to any implied condition that the Seller has or will have the right to sell the Goods when the property is to pass. 11.3 Nothing in these Conditions excludes or limits the Seller’s liability for death or personal injury caused by the Seller’s negligence or for fraudulent misrepresentation or excludes or limits any other liability to the extent such liability may not be excluded or limited as a matter of law. 11.4 Subject to conditions 10.2 and 10.3:- 11.4.1 the Seller shall not be liable to the Buyer for:- A) any loss of profit, loss of production, financial loss, depletion of goodwill; and B) any indirect loss, damage, costs or expenses whatsoever in each case which arise out of or in connection with the Contract or its contemplated performance of lack of performance; and 11.4.2 subject to condition 10.4.1, the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance or lack of performance of the Contract shall be limited to the price of the Goods received by the Seller.
1 the Buyer; 12.1.7 the Buyer has a bankruptcy order made against him; 12.1.8 the Buyer ceases or threatens to cease to trade; or 12.1.9 any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer in any jurisdiction to which the Buyer or any of its assets is subject. 12.2 Termination of the Contract shall not affect rights and duties accrued before termination and in particular shall not affect the Seller’s rights contained in condition 8. However, the Buyer’s rights contained in that condition shall immediately terminate.
HEALTH AND SAFETY
The Buyer agrees to:- 13.1 pay due regard to all information supplied by the Seller relating to the use of the Goods necessary to ensure the Goods will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work; 13.2 comply with the General Product Safety Regulations 2005 if and to the extent that they are applicable to the Goods; 13.3 indemnify the Seller in respect of any and all claims arising from the Goods being unsafe as a result of the Buyer’s activities; 13.4 monitor the safety of the Goods, to pass on to the Seller information as to the risks of the Goods and to co-operate in any action the Seller decides to take to avoid those risks; and 13.5 to keep records of the customers to whom the Goods are sold and to provide the Seller with copies of them as and when requested.
14.1 If any provision of the Contract (including any provision of condition 8) is found by any competent authority to be invalid, unenforceable or unreasonable, it shall be severed from the remainder of the Contract which shall continue in full force and effect.
14.2 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract is not a waiver of any of its rights under the Contract. Any waiver by the Seller of any breach by the Buyer is not a waiver of any subsequent breach.
14.3 Any notice to be given by either party to the other under these Conditions must be in writing addressed to that other party at its registered office or principal place of business or such other address as may have been notified for these purposes.
14.4 The Seller may assign or subcontract the Contract or any part of it and may dispose of or deal in any manner with any of its rights or beneficial interests under it. The Buyer may not assign the Contract or dispose of or deal in any manner with any of its rights or beneficial interests under it.
14.5 The Contract shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
The above in no way affects the statutory rights of the consumer.
Website Terms and Conditions
Whenever you use this Website to order a product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Contesse floors uk product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
Contesse floors U.K Ltd is a registered data controller under the Data Protection Act 1998 and is committed to treating all information you provide in accordance with its legal obligations.
The personal information you provide to us, including your contact details, information regarding your Property, and payment card details, will be used by us to:
(a) process payment for the above services; and
(b) with your agreement, to contact you about our services and products.
(c) If you have any queries regarding data protection please contact us on 01902 854 312 or email us at email@example.com
(d) apply for a credit account
The personal data we collect about you
When you make purchases from Contesse floors uk (including purchases made over the phone, or this Website) we may collect the following personal data about you:
your name, age and sex;
your billing and delivery postal addresses, phone, fax and e-mail details;
where you have registered with us, your user name and password;
where you place an order with us, your payment card details;
your communication and shopping preferences;
and your date of birth.
How we may store and use your information
Contesse floors uk (and third party data processors acting on our behalf) may collect, store and process your personal data:
to make this Website available to you and to provide you with content which is tailored to your individual tastes;
to maintain any registered account that you hold with us
with your agreement, to contact you (including by SMS and e-mail) about promotional offers and products and services which we think may interest you and for customer satisfaction and market research purposes;
to provide our goods and services to you and for associate purposes, including verifying your identity;
for research, analysis, testing, monitoring, risk management and administrative purposes; and
for any related purposes, or where we have a legal right or duty to use or disclose your information (including for crime and fraud prevention and related purposes).