Terms and Conditions

ONLINE BUSINESS AND CONSUMER GOODS, SERVICES AND DIGITAL CONTENT

OUR TERMS

1. THESE TERMS

What these terms cover

1.1. These are the terms and conditions on which we supply products to you, whether

these are goods, services or digital content.

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?

1.2. In some areas you will have different rights under these terms depending on whether

you are a business or consumer. You are a consumer if:

1.2.1. You are an individual.

1.2.2. You are buying products from us wholly or mainly for your personal use

(not for use in connection with your trade, business, craft or profession).

If you are a business customer this is our entire agreement with you

1.3. If you are a business customer these terms constitute the entire agreement between

us in relation to your purchase. You acknowledge that you have not relied on any

statement, promise, representation, assurance or warranty made or given by or on

behalf of us which is not set out in these terms and that you shall have no claim for

innocent or negligent misrepresentation or negligent misstatement based on any

statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are

2.1. We are pH7 Anything But Neutral Ltd a company registered in England and Wales.

Our company registration number is 10264798 and our registered office is at 7 York Road Haxby, York, YO32 3DY.

How to contact us

You can contact us by writing to us at [email protected] or 7 York Road Haxby, York, YO32 3DY. How we may contact you

2.2. 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

2.3. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

How we will accept your order

3.1. Our acceptance of your order will take place when we email you to accept it, at which

point a contract will come into existence between you and us.

If we cannot accept your order

3.2. 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 the product is out of stock,

because of unexpected limits on our resources which we could not reasonably plan

for, because a credit reference we have obtained for you does not meet our minimum

requirements, because we have identified an error in the price or description of the

product or because we are unable to meet a delivery deadline you have specified.

Your order number

3.3. We will assign an order number to your order and tell you what it is when we accept

your order. It will help us if you can tell us the order number whenever you contact us

about your order.

4. OUR PRODUCTS

Products may vary slightly from their pictures

4.1. The images of the products on our website are for illustrative purposes only. Although

we have made every effort to display the colours accurately, we cannot guarantee

that a device’s display of the colours accurately reflects the colour of the products.

Your product may vary slightly from those images.

Product packaging may vary

The packaging of the product may vary from that shown in images on our website.

5. 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.

6. OUR RIGHTS TO MAKE CHANGES

Minor changes to the products

6.1. We may change the product:

6.1.1. to reflect changes in relevant laws and regulatory requirements; and

6.1.2. to implement minor technical adjustments and improvements. These

changes will not affect your use of the product.

More significant changes to the products and these terms

6.2. In addition, as we informed you in the description of the product on our website, we

may make changes to these terms or the product, 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.

Updates to digital content

6.3. We may update or require you to update digital content, provided that the digital

content shall always match the description of it that we provided to you before you

bought it.

7. PROVIDING THE PRODUCTS

Delivery costs

7.1. The costs of delivery, where applicable, will be as displayed to you on our website.

When we will provide the products

During the order process we will let you know when we will provide the products to

you. If the products are ongoing services or subscriptions, we will also tell you during

the order process when and how you can end the contract. If the products are

goods

7.2. If the products are goods we will deliver them to you as soon as reasonably possible

and in any event within 30 days after the day on which we accept your order or we

will contact you to agree a delivery date.

If the products are one-off services

7.3. We will begin the services on the date agreed with you during the order process. 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

7.4. We will make the digital content available for download by you as soon as we accept

your order. By downloading digital content you accept and agree to abide by the

licence agreement.

If the products are ongoing services or a subscription to receive goods or

digital content

We will supply the services, goods or digital content to you until either the services

are completed or the subscription expires (if applicable) or you end the contract as

described in clause 8 or we end the contract by written notice to you as described in

clause 10. We are not responsible for delays outside our control

7.5. If our supply of the products is delayed by an 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 delay. Provided we do this we will not be liable for delays caused by

the event, but if there is a risk of substantial delay you may contact us to end the

contract and receive a refund for any products you have paid for but not received.

If you are not at home when the product is delivered

7.6. If no one is available at your address to take delivery and the products cannot be

posted through your 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 re-arrange delivery

7.7. If you do not collect the products from us as arranged or if, after a failed delivery to

you, you do not re-arrange delivery or collect them 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 re-arrange delivery or collection we may end the contract and clause 10.2 will

apply.

When you become responsible for the goods

7.8. A product which is goods 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.

When you own goods

7.9. You own a product which is goods once we have received payment in full.

What will happen if you do not give required information to us

7.10. We may need certain information from you so that we can supply the products to you.

If so, this will have been stated in 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 10.2 will 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.

Reasons we may suspend the supply of products to you

7.11. We may have to suspend the supply of a product to:

7.11.1. deal with technical problems or make minor technical changes;

7.11.2. update the product to reflect changes in relevant laws and regulatory

requirements;

7.11.3. make changes to the product as requested by you or notified by us to you

(see clause 6).

Your rights if we suspend the supply of products

7.12. 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

product for longer than 30 days in any 30 day period 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 14 days 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

7.13. If you do not pay us for the products when you are supposed to (see clause 14.5) and

you still do not make payment within 10 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

14.8). 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 14.7).

8. YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us

8.1. 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, when you decide to end the

contract and whether you are a consumer or business customer:

8.1.1. If what you have bought is faulty or misdescribed 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

12 if you are a consumer and clause 13 if you are a business;

8.1.2. If you want to end the contract because of something we have done or

have told you we are going to do, see clause 8.2;

8.1.3. If you are a consumer and have just changed your mind about the product,

see clause 8.3. 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 goods;

8.1.4. In all other cases (if we are not at fault and you are not a consumer

exercising your right to change your mind), see clause 8.7.

Ending the contract because of something we have done or are going to do

8.2. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 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:

8.2.1. we have told you about an upcoming change to the product or these terms

which you do not agree to (see clause 6.2);

8.2.2. 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;

8.2.3. there is a risk that supply of the products may be significantly delayed

because of events outside our control;

8.2.4. we have suspended supply of the products for technical reasons, or notify

you we are going to suspend them for technical reasons, in each case for

a period of more than 30 days; or

8.2.5. you have a legal right to end the contract because of something we have

done wrong.

Exercising your right to change your mind if you are a consumer (Consumer

Contracts Regulations 2013)

8.3. If you are a consumer then 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.

Our goodwill guarantee for consumers

8.4. Please note, these terms reflect the goodwill guarantee offered by pH7 Anything But

Neutral Ltd of 7 York Road Haxby, York, YO32 3DY. to its UK

consumer customers, which is more generous than your legal rights under the

Consumer Contracts Regulations in the ways set out below. This goodwill guarantee

does not affect your legal rights in relation to faulty or misdescribed products (see

clause 12.1):

When consumers do not have a right to change their minds

8.5. Your right as a consumer to change your mind does not apply in respect of:

8.5.1. goods that have been made to your specifications or are clearly

personalised;

8.5.2. digital products after you have started to download or stream these;

8.5.3. services, once these have been completed, even if the cancellation period

is still running;

8.5.4. products sealed for health protection or hygiene purposes, once these

have been unsealed after you receive them;

8.5.5. sealed audio or sealed video recordings or sealed computer software,

once these products are unsealed after you receive them; and

8.5.6. any products which become mixed inseparably with other items after their

delivery.

Right under the Consumer Contracts

Regulations 2013

How our goodwill guarantee is more

generous

Consumer to pay costs of return. We pay the costs of return.

How long do consumers have to change their minds?

8.6. If you are a consumer how long you have to change your mind depends on what you

have ordered and how it is delivered.

8.6.1. Have you bought services? 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.

8.6.2. Have you bought digital content for download or streaming? 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.

8.6.3. Have you bought goods?, if so you have 14 days after the day you (or

someone you nominate) receives the goods, unless your goods are split

into several deliveries over different days. In this case you have until 14

days after the day you (or someone you nominate) receives the last

delivery.

Ending the contract where we are not at fault and there is no right to change

your mind

8.7. Even if we are not at fault and you are not a consumer who has a right to change their

mind (see clause 8.1), you can still end the contract before it is completed, but you

may have to pay us compensation. A contract for goods or digital content is

completed when the product is delivered, downloaded or streamed and paid for. A

contract for services is completed when we have finished providing the services and

you have paid for them. If you want to end a contract before it is completed where we

are not at fault and you are not a consumer who has changed their mind, just contact

us to let us know. The contract will end immediately and we will refund any sums paid

by you for products not provided but we may deduct from that refund (or, if you have

not made an advance payment, charge you) reasonable compensation for the net

costs we will incur as a result of your ending the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A

CONSUMER WHO HAS CHANGED THEIR MIND)

Tell us you want to end the contract

9.1. To end the contract with us, please let us know by doing one of the following:

9.1.1. Email Email us at [email protected]. Please provide your name,

home address, details of the order and, where available, your phone

number and email address.

9.1.2. Online Complete the form on our

website.

9.1.3. By post Print off the form and post

it to us at the address on the form. Or simply write to us at that address,

including details of what you bought, when you ordered or received it and

your name and address.

Returning products after ending the contract

9.2. If you end the contract for any reason after products 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 where you bought them, post them back to us at 7 York Road Haxby, York, YO32 3DY. or (if they are not suitable for posting) allow

us to collect them from you. Please email us at [email protected] to arrange

collection. If you are a consumer 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

9.3. We will pay the costs of return:

9.3.1. if the products are faulty or misdescribed;

9.3.2. if you are ending the contract because we have told you of an upcoming

change to the product or these terms, an error in pricing or description, a

delay in delivery due to events outside our control or because you have a

legal right to do so as a result of something we have done wrong; or

9.3.3. if you are a consumer exercising your right to change your mind.

9.4. In all other circumstances you must pay the costs of return.

What we charge for collection

9.5. If you are responsible for the costs of return and we are collecting the product from

you, we will charge you the direct cost to us of collection.

How we will refund you

9.6. If you are entitled to a refund under these terms 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.

When we may make deduction from refunds if you are a consumer exercising

your right to change your mind

9.7. If you are exercising your right to change your mind:

9.7.1. We may reduce your refund of the price (excluding delivery costs) to

reflect any reduction in the value of the goods, if this has been caused by

your handling them in a way which would not be permitted in a shop. If

we refund you the price paid before we are able to inspect the goods and

later discover you have handled them in an unacceptable way, you must

pay us an appropriate amount.

9.7.2. 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.

9.7.3. 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

9.8. We will make any refunds due to you as soon as possible. If you are a consumer

exercising your right to change your mind then:

9.8.1. if the products are 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 9.2.

9.8.2. In all other cases, your refund will be made within 14 days of your telling

us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it

10.1. We may end the contract for a product at any time by writing to you if:

10.1.1. 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;

10.1.2. 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

10.1.3. you do not, within a reasonable time, allow us to deliver the products to

you or collect them from us; or

10.1.4. you do not, within a reasonable time, allow us access to supply the

services.

You must compensate us if you break the contract

10.2. If we end the contract in the situations set out in clause 10.1 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

10.3. 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 14 days in advance of our stopping the supply of the

product and will refund any sums you have paid in advance for products which will not

be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems

11.1. If you have any questions or complaints about the product, please contact us. You

can write to us at [email protected] or 7 York Road Haxby, York, YO32 3DY.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A

CONSUMER

If you are a consumer we are under a legal duty to supply products that are in

conformity with this contract

12.1. See the box below for a summary of your key legal rights in relation to the products.

Nothing in these terms will affect your legal rights.

Your obligation to return rejected products

12.2. If you wish to exercise your legal rights to reject products you must either return them

in person to where you bought them, post them back to us or (if they are not suitable

for posting) allow us to collect them from you. We will pay the costs of postage or

collection. Please email us at [email protected] to arrange collection.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A

BUSINESS

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.

If your product is  goods, the Consumer Rights Act 2015 says goods must be as described,

fit for purpose and of satisfactory quality. During the expected lifespan of your product your

legal rights entitle you to the following:

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

See also clause 8.3.

If your product is  digital content, the Consumer Rights Act 2015 says digital content must

be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you’re entitled to a repair or a replacement.
  • 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
  • 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 8.3.

If your product is  services, the Consumer Rights Act 2015 says:

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

13.1. If you are a business customer we warrant that on delivery, and for a period of 12

months from the date of delivery (“ warranty period”), any products which are goods

shall:

13.1.1. conform in all material respects with their description;

13.1.2. be free from material defects in design, material and workmanship; and

13.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act

1979).

13.2. Subject to clause 13.3, if:

13.2.1. you give us notice in writing within a

reasonable time of discovery that a product does not comply with the

warranty set out in clause 13.1;

13.2.2. we are given a reasonable opportunity of examining such product; and

13.2.3. you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of

the defective product in full.

13.3. We will not be liable for a product’s failure to comply with the warranty in clause 13.1

if:

13.3.1. you make any further use of such product after giving a notice in

accordance with clause 13.2.1;

13.3.2. the defect arises because you failed to follow our oral or written

instructions as to the storage, installation, commissioning, use or

maintenance of the product or (if there are none) good trade practice;

13.3.3. the defect arises as a result of us following any drawing, design or

specification supplied by the Customer;

13.3.4. you alter or repair the product without our written consent; or

13.3.5. the defect arises as a result of fair wear and tear, wilful damage,

negligence, or abnormal working conditions.

13.4. Except as provided in this clause 13, we shall have no liability to you in respect of a

product’s failure to comply with the warranty set out in clause 13.1.

13.5. These terms shall apply to any repaired or replacement products supplied by us

under clause 13.2.

14. PRICE AND PAYMENT

Where to find the price for the product

14.1. The price of the product (which includes VAT) will be the price indicated on the order

pages when you placed your order. We take all reasonable care to ensure that the

price of the product advised to you is correct. However please see clause 14.3 for

what happens if we discover an error in the price of the product you order.

We will pass on changes in the rate of VAT

14.2. 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.

14.3. What happens if we got the price wrong

14.4. 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 goods provided to you.

When you must pay and how you must pay

14.5. We accept payment with credit card, debit card or using PayPal. We accept

Mastercard, American Express and Maestro. When you must pay depends on what

product you are buying:

14.5.1. for goods, you must pay for the products before we dispatch them. We will

not charge your credit or debit card until we dispatch the products to you.

14.5.2. for digital content, you must pay for the products before you download

them.

14.5.3. for services, you must make an advance payment of 25% of the price of

the services, before we start providing them. We will invoice you weekly in

advance for the services until the services are completed. You must pay

each invoice within 14 days after the date of the invoice.

Our right of set-off if you are a business customer

14.6. If you are a business customer you must pay all amounts due to us under these terms

in full without any set-off, counterclaim, deduction or withholding (other than any

deduction or withholding of tax as required by law).

We can charge interest if you pay late

14.7. 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 4% a year above the base lending rate of

NatWest 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.

What to do if you think an invoice is wrong

14.8. 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.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU

ARE A CONSUMER

We are responsible to you for foreseeable loss and damage caused by us

15.1. 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

15.2. 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

15.3. 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.

When we are liable for damage caused by defective digital content

15.4. 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.

We are not liable for business losses

15.5. If you are a consumer we only supply the products for to you for domestic and private

use. If you use the products for any commercial, business or re-sale purpose our

liability to you will be limited as set out in clause 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU

ARE A BUSINESS

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

16.1.1. death or personal injury caused by our negligence, or the negligence of

our 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 or

section 2 of the Supply of Goods and Services Act 1982; or

16.1.4. defective products under the Consumer Protection Act 1987 or

16.1.5. any matter in respect of which it would be unlawful for us to exclude or

restrict liability.

16.2. Except to the extent expressly stated in clause 13.1 all terms implied by sections 13

to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and

Services Act 1982 are excluded.

16.3. Subject to clause 16.1:

16.3.1. we shall not be liable to you, 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 any

contract between us; and

16.3.2. our total liability to you for all other losses arising under or in connection

with any contract between us, whether in contract, tort (including

negligence), breach of statutory duty, or otherwise, shall be limited to

£1,000,000.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1. How we will use your personal information. We will use the personal information you

provide to us:

17.1.1. to supply the products to you;

17.1.2. to process your payment for the products; and

17.1.3. if you agreed to this during the order process, to give you information

about similar products that we provide, but you may stop receiving this at

any time by contacting us.

17.2. 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 that they do.

17.3. We will only give your personal information to third parties where the law either

requires or allows us to do so.

18. OTHER IMPORTANT TERMS

We may transfer this agreement to someone else

18.1. We may transfer our rights and obligations under these terms 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. If you are unhappy with the transfer you

may contact us to end the contract within 14 days of us telling you about it and we will

refund you any payments you have made in advance for products not provided.

You need our consent to transfer your rights to someone else (except that you

can always transfer our guarantee)

18.2. You may only transfer your rights or your obligations under these terms to another

person if we agree to this in writing. However, if you are a consumer you may transfer

our guarantee at clause 8.4 to a person who has acquired the product or, where the

product is services, any item or property in respect of which we have provided the

services. We may require the person to whom the guarantee is transferred to provide

reasonable evidence that they are now the owner of the relevant item or property.

Nobody else has any rights under this contract (except someone you pass your

guarantee on to)

18.3. This contract is between you and us. No other person shall have any rights to enforce

any of its terms, except as explained in clause 18.2 in respect of our guarantee.

Neither of us will need to get the agreement of any other person in order to end the

contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force

18.4. Each of the paragraphs of these terms operates separately. If any court or relevant

authority decides that any of them are unlawful, the remaining paragraphs will remain

in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

18.5. If we do not insist immediately that you do anything you are required to do under

these terms, or if we delay in taking steps against you in respect of your breaking this

contract, that will not mean that you do not have to do those things and it will not

prevent us taking steps against you at a later date. For example, if you miss a

payment and we do not chase you but we continue to provide the products, we can

still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings if

you are a consumer

18.6. 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.

Which laws apply to this contract and where you may bring legal proceedings if

you are a business

18.7. If you are a business, any dispute or claim arising out of or in connection with a

contract between us or its subject matter or formation (including non-contractual

disputes or claims) shall be governed by and construed in accordance with the law of

England and Wales and the courts of England and Wales shall have exclusive

jurisdiction to settle any such dispute or claim.

SCHEDULE MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS

(Complete and return this form only if you wish to withdraw from the contract)

To: pH7 Anything But Neutral Ltd

7 York Road Haxby, York, YO32 3DY; or

[email protected]

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 consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate