Terms and Conditions
Terms and Conditions
www.ergonomicdesigns.co.uk and our associated eBay store (ergodesigns) is a site operated by Ergonomic Designs Limited (we). We are registered in England and Wales under company number 6065684 and with our registered office at Unit 2 Cirrus Park, Lower Farm Road, Moulton Park Ind Estate, Northampton NN3 6UR.
Our main trading address is Unit 2, Cirrus Park, Lower Farm Road, Moulton Park Industrial Estate NN3 6UR.
Our VAT number is 923144057.
The definitions and rules of interpretation in this condition apply in these Terms and Conditions.
Buyer: the person, firm or company who purchases the Goods from the Company.
Company: Ergonomic Designs Limited
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place under condition 5.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1. Making a Purchase
The following terms and conditions apply to all transactions on Ergonomic Designs. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future use. To order goods through this website you must be at least 18 years of age and accept delivery within the UK. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
IT IS IMPORTANT THAT YOU DO NOT SCHEDULE OR COMMENCE ANY INSTALLATION WORK UNTIL YOUR GOODS HAVE ARRIVED AND HAVE BEEN CHECKED.
Ergonomic Designs website is operated as a mail order company. We do have a showroom in Northampton but we do not allow collections or returns in person to our warehouse.
Order Acceptance and Processing. Your order is accepted and a contract is formed between Ergonomic Designs and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by Ergonomic Designs, nor at the point in time that you receive an email from Ergonomic Designs acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by Ergonomic Designs or may be cancelled by you. Any email or other acknowledgment of your order is merely to report that your request has been received and will be looked at, and does not in any way denote acceptance of your order regardless of any wording on the email. Ergonomic Designs reserves the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable it to evaluate and/or process the order.
In addition, in terms of saving and accessing order agreements. We store the contracts content and send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
Any quotation is given on the basis that no Contract shall come into existence until the Company accepts an order from the Buyer by delivering the goods to the address specified by the customer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
2. Description of Goods and your consumer rights
All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the Customer are approximate and intended as a guide only. We always endeavour to ensure all product descriptions are correct, but advise customers to check with the relevant manufacturers for exact technical specifications and seek technical advice from qualified sources prior to ordering products and any work to be carried out.
Whilst we make every effort to reproduce the colours of the products correctly slight variations may occur during the print and photography process.
Please note that certain products such as bathroom furniture may need some alteration to suit specific requirements, such as pipe work, space constraints and designs. Any such alterations are carried out at the customers own risk, and as such the product guarantees may be rendered invalid.
We advise you to buy tiles and borders from the same range as the tiles may be sourced from different suppliers which may result in a slight variation in size and colour.
If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products provided the Products are unused, in their original packaging and in the same condition they were received in. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. All products must be returned in a resellable condition otherwise we will not be able to refund you.
3. Special Orders
Special orders are hand made to customers own specification and therefore cannot be cancelled. Please bear in mind that as these products are bespoke delivery times may vary.
4. Payment and Price
We are entitled to make adjustments to the price to take account of any increase in our supplier's prices or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. Any price changes will be advised and agreed prior to accepting your order. We ask that all goods be paid for on completion of order and that all funds are cleared prior to delivery. We accept most major credit and debit cards such as VISA, MASTERCARD and MAESTRO On the order you must provide us with your exact billing address and telephone number - the address and telephone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order.
In the event that there is a pricing error on the website or in our printed catalogues then Ergonomic Designs will not be bound to honour any orders made at that price.
PLEASE NOTE: We only accept Debit/Credit card payments from cards registered to an address within the UK.
Trade pricing. In some cases for presentation purposes, prices may be rounded to the nearest pound – however all prices will be fully detailed (including pence) in your shopping basket and in the checkout process. Prices are presented to show your trade discount excluding VAT. Please note your order will be billed inclusive of VAT. VAT will be taken up front and is the trade account holders responsibility to claim back.
5. Delivery Information
We aim to deliver most products within 5 working days if possible; however some made to order items may take longer. Please note however that all delivery dates given are only and always provisional. Goods are subject to availability and delay in delivery of goods is sometimes outside of our control. All orders must be delivered within 28 days, we cannot hold goods for delivery after this. Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
If you have any questions regarding your delivery please telephone our transport company on 01604 643736. Please note that if there are any items on your order that are currently out of stock then the complete order will be delivered when these items are available. However, if you would like the items in stock to be delivered immediately then please contact a member of our sales team on 01604 643736 and they will be happy to arrange this for you.
Certain remote areas and offshore areas do not qualify for the free delivery option and delivery times to these postcodes is not covered under the same timescales.
Ergonomic Designs strongly advises you not to book your installers or engage in any preparatory work until full receipt of your goods. If any item is out of stock, a Ergonomic Designs sales advisor will email or telephone you to advise you of the expected delivery date.
If an order cannot be successfully completed due to the purchaser being unable to accept the goods on the date agreed, then a redelivery charge may be applicable. This cost would then be borne by the purchaser.
If goods are ordered over the weekend or on a bank holiday the order date is taken as the following working day for delivery purposes. If a delivery would normally fall due over the Christmas shut down period the delivery period may be extended to a later date.
After completion of your order please check your receipt and ensure that all the details are correct. If you are in any doubt please contact our sales department immediately as post delivery changes take time and can be an inconvenience to you.
We aim to deliver the following items within the time schedule below:
Delivery Type Delivery Timescale
Small Item(s) - If ordered separately we will aim to deliver in 2 working days.
Large or Fragile Item(s) - Delivery is postcode dependant and takes 1-5 working days
• Out-of-stock items will despatch on same timescale once in stock.
• You will be advised of any changes in the expected in-stock date.
• The delivery timescale of an order is dependent on the size of the largest item in the order, relating to the guide above.
Please note that deliveries to Northern Ireland, Republic of Ireland, Isle of Man and Channel Islands take additional time.
If your item is not in stock we will back order for you, or give you the option to cancel your order if you would rather not wait.
Please ensure that all goods are checked by yourself and we ask that any problems or damages are reported to our customer care team on 01604 643736 as soon as reasonably possible but within 48 hours of delivery at the latest.
As soon as we have delivered the goods to your door you will be responsible for them. All items must be kept safe and secure and any damage or loss to the items after delivery will be at the buyers own fault and the company will not be liable. We will only deliver to the address on the order and goods will not be left without a signature unless authorised by the person named on the order. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk.
The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.
The quantity of any consignment of Goods as recorded by the Company on despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 24 hours of the date when the Goods would in the ordinary course of events have been received. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
Please check your tiles carefully before fixing. Shade variation is a design feature of most of our tiles. If for any reason you are not happy with the shade of your tiles, we cannot accept the responsibility after the tiles have been fixed. Fixing the tiles to a substrate means that you have accepted the tiles in their present state so no refunds or replacements will be offered. Please ensure you are happy with the shade of your tiles before you start any project.
Delivery charges can be checked before checkout by adding the products to your cart and then using our delivery price checking module.
DELIVERY OFFER - free standard delivery. Offer valid only for standard delivery on orders over £100. The offer applies to deliveries in mainland UK postcodes only, with some exceptions which are liable to a delivery surcharge on top of the standard delivery fee: these are HS1 - HS9, IV12 - IV14, IV35, IV40 - IV48, IV49, IV51, IV52, IV55 - IV56, KW4, KW13, KW15 - KW17, PA20 - PA49, PA60 - PA78, PH42 - PH44, ZE (all). In these cases the surcharge will still apply. For further information, please call Customer Services on 01604 643736 before you order. The offer is not valid for next day delivery.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
6. Our Liability
If you are acting in the course of a business, trade or profession (a business user) we shall under no circumstances whatever be liable to compensate 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 the Contract. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise, except for any refund we make under any other agreement between us or otherwise at our discretion.
Without prejudice, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
Loss of profits, revenue, sales, income, or business;
Loss of savings;
Loss of use or production;
Loss of goodwill;
Remedial costs if the Products are damaged or defective;
Damage to property or possessions through use or misuse of the Products;
Loss caused by delay or other late performance; and
Indirect or consequential losses.
Our total liability to you in respect of any other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have purchased.
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
Subject to condition 6:
(a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for any damage caused, loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7. Cancellations and Returns
In the unlikely event that you are not satisfied with your purchase for any reason, you have the right to cancel your order within 14 working days from the day after the date of delivery. To exercise your right of cancellation you must give written notice by post, email or fax, giving details of goods ordered and the delivery details. For full details of how to return goods please contact our customer care team on 01604 643736.
All non faulty goods must be returned within 14 working days starting from the day after receipt of the goods, and we ask that all goods are returned safely, and in their original packaging. Please note that if collection is requested a collection charge will be implemented for all non faulty returns, and that this must be paid prior to any collection being processed or the amount will be deducted from the refund. We will refund your money on orders within 14 days of cancellation less any delivery cost as detailed previously. Returns outside 14 days will not be accepted. Any returns notified after 14 days but within 28 days may be subject to an additional 25% restocking charge. On cancellation for any reason, you must return the goods at your own cost unless we agree otherwise or we confirm that you may dispose of the goods. Where the goods are being returned because they are faulty, incorrect or damaged then we will meet the cost of the return, but we ask that you allow us to nominate the carrier.
Should you decide to return goods yourself via a courier service of your own choice then please note that this is done entirely at your own risk, and you should always ensure that you obtain proof of postage / delivery for your reference. Always inform our customer care team regarding the details of any goods you intend to return. Please note that we can only accept returned items from registered courier services, and that customers are unable to return items in person.
Please ensure that all goods are checked by yourself and we ask that any problems or damages are reported to our customer care team on 01604 643736 as soon as reasonably possible.
With credit orders no returns are allowed after the 14 day cooling off period.
If you have any questions regarding cancellations, or returns then please call our customer care team on 01604 643736.
If you have completed your tiling job and wish to return any resaleable goods we will provide you with a refund. Please note that only full boxes of tiles will be refunded. Simply return the items within 28 days of receipt of goods in their original condition. Adhesive or grout which has been opened and tools which have been used are non-refundable. Ergonomic Designs reserve the right not to refund if the goods are deemed as not being in a resaleable condition. Any delivery charge will not be refunded.
It is not unusual to have 2% - 3% of the tile broken to some degree (e.g. chipped edges). Any amount up to 10% is still considered acceptable. These damaged tiles can be used for the cuts you will need to make. If breakage is above 10%, we would ask you to have it noted on the logistics receiving document and take pictures. Please ensure that all goods are checked by yourself and we ask that any problems or damages are reported to our customer care team on 01604 643736 as soon as reasonably possible.
You will own the goods once we have received your payment in full. We will issue you with an electronic invoice once we have dispatched the goods to you. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you.
All our products are covered by a 12 month guarantee unless specified otherwise.
Terms and Conditions do not affect your statutory rights.Where items are covered by a manufacturers warranty. We will pass on the warranty to the customer.
Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
The Company warrants that (subject to the other provisions of these conditions) on delivery , and for a period of 12 months from the date of delivery, the Goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
(b) be reasonably fit for PURPOSE; and
(c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company.
10.1 The Company shall not be liable for a breach of the warranty OR any of the warranties in condition 10.2 unless:
(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 24 hours of the time when the Buyer discovers or ought to have discovered the defect and within a maximum of 3 days from the date of delivery; and
(b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost for the examination to take place there.
10.2 The Company shall not be liable for a breach of the warranty OR any of the warranties in condition 10.2 if:
(a) the Buyer makes any further use of such Goods after giving such notice; or
(b) the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or good trade practice; or
(c) the Buyer alters or repairs such Goods without the written consent of the Company; or
(d) the malfunctioning part is a serviceable part which on all products are only guaranteed for a period of 12 months
10.3 Any replacement products/part(s) that are despatched to destinations outside of mainland UK may incur additional delivery charges.
Subject to condition 10.1 and condition 10.2, if any of the Goods do not conform with the warranty OR any of the warranties in condition 10 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company.
If the Company complies with the above terms it shall have no further liability for a breach of the warranty OR any of the warranties in condition 10 in respect of such Goods.
Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of any guarantee.
Ergonomic Designs do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
a. Take and fulfil customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
Keeping in touch with you
We may contact you for marketing purposes by email, mail or telephone with relevant offers from Ergonomic Designs. We want to keep you up to date with information about new ranges, special offers and improvements to this site. We may also contact you for market research purposes.
When you place an order, request a brochure or register an account, we will ask you if you do not want to receive marketing offers, information or promotions from Ergonomic Designs and other brands. If you do not wish to receive such promotions, please indicate your preferences during the relevant transaction.
All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements thereof belong to Ergonomic Designs or where images are provided by the manufacturers then copyright is owned by them. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Ergonomic Designs or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.
Access to, use of and shopping at www.ergonomicdesigns.co.uk, and any other sub domains is provided by Ergonomic Designs on the terms and conditions as stated on this page.
By using and or continued use of the websites and associated sub domains, you agree to be bound by these terms, which shall take effect immediately on your first visit to the website. If you do not agree to be bound by all of the following terms please do not access, use and shop at www.ergonomicdesigns.co.uk.
Addition to Copyright
Ergonomic Designs make every effort to provide unique and useful information and updates to its customers regarding Industry & Product News, Company News and Latest Products through their New (link to news) and other sources on the Ergonomic Designs websites and other websites administered and owned by Ergonomic Designs.
All of the content presented in any shape or form located on the website is professionally authored and the sole ownership of Ergonomic Designs. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from them except for your own personal, non-commercial use.
Any persons, websites and website owners, but not limited to, in breach might be pursued by Ergonomic Designs. For Product Descriptions terms, please see 'Description of Goods'
15. Disclaimer and Limitations on Ergonomic Designs Liability
WITHOUT PREJUDICE TO STATUTORY RIGHTS AFFORDED TO PURCHASERS OF PRODUCTS, THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY, AND IN PARTICULAR, Ergonomic Designs DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT USE OF THE SITE IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. PRODUCTS PURCHASED FROM Ergonomic Designs AND RELATED SERVICES, WHICH ARE PROVIDED BY Ergonomic Designs , ARE WARRANTED IN ACCORDANCE WITH LAW, AND NOTHING HEREIN IS TO BE TAKEN TO EXCLUDE OR RESTRICT ANY RIGHTS, WHICH APPLICABLE LAW GRANTS TO CONSUMERS IN RESPECT OF SUCH PRODUCTS OR SERVICES. INDIVIDUAL PRODUCTS MAY BE THE SUBJECT OF ADDITIONAL WARRANTIES OR GUARANTEES GIVEN BY THEIR MANUFACTURERS DIRECTLY. SUCH WARRANTIES ETC. ARE NOT ENFORCEABLE AGAINST Ergonomic Designs , BUT ONLY AGAINST THE PERSON GIVING THEM.
Ergonomic Designs ARE RETAILERS AND NOT TECHNICAL EXPERTS IN THE FIELD OF HEATING, PLUMBING OR BATHROOM INSTALLATION. ALL Ergonomic Designs STAFF ARE INSTRUCTED NOT TO GIVE ANY FORM OF TECHNICAL ADVICE. IF YOU HAVE A TECHNICAL QUERY IT SHOULD BE DIRECTED TO A SUITABLY QUALIFIED PROFESSIONAL, I.E. A CORGI REGISTERED GAS INSTALLER OR A MEMBER OF THE INSTITUTE OF PLUMBING. YOU AGREE THAT ANY ADVICE GIVEN BY A MEMBER OF Ergonomic Designs WILL NOT BE RELIED UPON WITHOUT VERIFICATION WITH A SUITABLY QUALIFIED PROFESSIONAL. Ergonomic Designs ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR RELIANCE ON ANY SUCH ADVICE.
Ergonomic Designs RESERVES THE RIGHT TO AMEND THE TERMS OR TERMINATE THE TRADE ACCOUNT SCHEME AT ANY TIME. ANY SUCH CHANGES WILL BE DOCUMENTED ON THIS WEBSITE.
THE QUANTITY OF STOCK SHOWN ON THE WEBSITE FOR EACH ITEM IS AUTOMATICALLY UPDATED EVERY 24 HOURS, BUT SHOULD BE USED AS A GUIDE ONLY, AND IT DOES NOT GUARANTEE THAT STOCK CAN BE ALLOCATED TO AN ORDER. WHILST Ergonomic Designs WILL MAKE EVERY EFFORT TO ENSURE THE QUALITY SHOWN IS ACCURATE, WE CANNOT BE HELD LIABLE FOR ANY ERRORS THAT MAY OCCUR FROM TIME TO TIME WITH REGARD TO STOCK AVAILABILITY. CUSTOMERS WILL BE ADVISED OF ANY SHORTAGES BY OUR CALL CENTRE.
These terms and conditions, and all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by English law and are subject to the exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.
The Company may assign the Contract or any part of it to any person, firm or company.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
17 Force majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
18 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1 Communications addressed to the Company shall be marked for the attention of John Hunter.
All notices given by you to us must be given to Ergonomic Designs at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the other ways specified. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee
What personal information do we collect?
We ask for your personal information when you make a purchase, register, sign up for promotions, offers or competitions, or to receive news. Depending on which of these services you use, we may collect:
your name and contact information including postal address, e-mail address and telephone number, even if you do not complete your purchase;
details of any purchase orders that you place through the website, and any details we need for delivery;
card payment details if making a purchase;
details you provide when you contact us or make enquiries either generally or about any purchases you make with us;
details of your visits to the website and the resources that you access; and
information you provide if you report a problem with our website;
What we do with the personal information we collect?
Depending on how you engage with us, we may use your information:
to facilitate your use of this website and the services available through it;
when you purchase from us, to process your order, collect payment, enable you to track you order online, arrange delivery and for other purchase related services (this may include contacting you by telephone, email or SMS to arrange, confirm or upgrade your delivery) and for ongoing customer service dealings including any faults or repairs or refunds;
for internal accounting and regulatory purposes;
for statistical analysis to assess our business performance and to improve our products and services;
to improve and personalise your experience when you visit the website (See the cookies section), and to keep you informed about other products and services you might be interested in (See Keeping You Informed); and
to ask you from time to time if you would like to provide feedback on or participate in market research on our products and services. You do not have to participate in these if you do not wish.
Who do we share it with?
We do not share your data with any third parties except as provided in this policy or as required by law. We will not share personal data with third parties for Direct Marketing by those parties without your consent. We may sell or otherwise supply Corporate Data to third parties including other companies in our group
Ergonomic Designs may also disclose your personal information:
We may provide aggregated statistics (including information derived from your data) about our sales, traffic patterns, and related website information to trustworthy third parties.We will do this for the purpose of carrying out assessments, analysis and research in relation to our business, products, services and customers. This is to assist in the provision of services and products to you, and to facilitate reviews, developments and improvements to our web site and the services and products offered to you. The statistics we disclose to those third parties will not include personally identifying information.
to the police, regulators, law enforcement or other government agency where the law requires this, where appropriate to prevent or detect criminal activity, or in connection with product safety, and otherwise to relevant third parties to protect Ergonomic Designs, its business, staff and customers; and
to prospective or actual buyers in the event that Ergonomic Designs sells any of its business or assets so help ensure continuity of your customer relationship.
Keeping You Informed
We may from time to time contact or update you about products, services or offers that may be relevant to you.
This may include delivery, reviews, lists and extended warranties, and other products and services related to your Ergonomic Designs purchases, some of which are provided by Ergonomic Designs and some by our trusted partners to whom we may pass on your details.
They or we may contact you about these by telephone, mail, email and SMS, using the contact details you provide and update us with, which we obtain or update with you in our dealings, or which we obtain or update from external sources. This may include telephone numbers that are registered by you or others unless you have told us directly that you do not wish to be contacted for this purpose on a particular telephone number. By providing your details through the website, you are agreeing to this.
If you don't want to be contacted by post or telephone you can email us at sales@ErgonomicDesigns.co.uk, call us on 01604 643736 or write to us at: Ergonomic Designs, Unit 2 Cirrus Park, Lower Farm Road, Moulton Park Ind Estate, Northampton, NN3 6UR. If you do so, please bear with us for a short time whilst we adjust our records. This usually takes up to 10 days.
If you don't want to be contacted by email, please unsubscribe from the Ergonomic Designs marketing emails that contain an easy means for you to unsubscribe.
Please note that Ergonomic Designs would not necessarily remove all your details from its records but would note and respect your changed marketing preferences.
Security and Storage
Whilst we have policies, rules and measures in place and try to take all reasonable steps to safeguard your personal information, Ergonomic Designs cannot guarantee the security of any information you provide online.