Website Terms and Conditions of Sale to Consumers and Businesses

We are Concept2 Limited, a company registered in England and Wales. Our company registration number is 2447885 and our registered office is at Unit C8, Crossgate Drive, Queens Drive Industrial Estate, Nottingham NG2 1LW. Our registered VAT number in the UK is GB385319430 and in Ireland is IE3327078QH.

These are the terms and conditions on which we supply goods to you.

You can contact us by telephoning our customer service team at 0115 9340140 or by writing to us at the above address or info@concept2.co.uk.

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.

In order to protect your interests, please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods 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 or require any changes, please contact us to discuss.

Are you a business customer or a consumer? 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:

• You are an individual.
• You are buying Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in green and those specific to businesses only are in blue.

1. Definitions
   1. In these Conditions the following expressions have the following meanings unless inconsistent with the context:

      Conditions	these terms and conditions;
      Contract	any agreement for the sale and purchase of Goods from us to you in accordance with Condition 2.2;
      Cooling Off Period	as described in Condition 8.1;
      Delivery Address	the address for delivery of the Goods within the United Kingdom and Ireland as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;
      Goods	all goods supplied by us to you under the Contract;
      Notice of Cancellation	any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8;
      Order Acknowledgment	written confirmation by us of our acceptance of your order;
      Price	the price payable by you for the Goods;
      Site	www.concept2.co.uk;
      “we”, “us” or “our”	Concept 2 Limited, a company registered in England and Wales with company number 2447885 and whose registered office is at Unit C8, Crossgate Drive, Queens Drive Industrial Estate, Nottingham NG2 1LW, our registered VAT number in the UK is GB385319430 and in Ireland is IE3327078QH;
      Working Day	any day from Monday to Friday other than a statutory holiday or public holiday in England or Ireland; and
      “you” or “your”	the person who has accepted these Conditions.

   2. References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
   3. References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
   4. Words in the singular include the plural and words in the plural include the singular.
   5. Any reference to "writing" includes communications by post, facsimile and e-mail but excludes text messages.
   6. The headings to Conditions do not affect the meaning and interpretation of these Conditions.
   7. Any phrase introduced by the term "include", "including", "in particular" or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
   1. These Conditions shall apply to the sale by us of all Goods purchased by you.
   2. Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before. If we are unable to accept your order, we will inform you of this and we will not charge for the goods ordered.
   3. We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.
   4. Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.
   5. We may, from time to time and without notice, change the Goods in order to comply with any applicable statutory requirements provided that such changes do not materially affect the nature or the Price of the Goods.
   6. If Goods ordered by you are not available, we shall contact you and offer you the option of either ordering alternative Goods or cancelling your order. In the event that we are unable to contact you within 10 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you in full.
   7. Our Site is solely for the promotion of our Goods in the UK, Ireland and the Channel Islands. Unfortunately, we do not deliver to addresses outside the UK, Ireland and the Channel Islands.
   8. If you are a business customer this is our entire agreement with you. If you are a business customer these Conditions 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 Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
3. Price
   1. The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.
   2. In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10 Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full.
   3. All Prices are quoted inclusive of VAT as per the rates of UK and Ireland from time to time (depending on which country you have ordered from). If the VAT rate changes between the date you made your order and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
   4. The Price is exclusive of the costs of delivery, the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time you submit your order.
4. Payment
   1. Payment for the Goods shall be due at the time of order placement and payment must be made by credit card only (MasterCard or Visa).
   2. Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.
   3. Payments for Goods shall only be accepted in pound sterling (£). Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
   4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. Packaging
   1. The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
6. Delivery
   1. All delivery charges which apply to your order will be clearly displayed to you before you submit your order and are payable by you at the time of payment for the Goods in accordance with Condition 4, a breakdown of the delivery charges can be found on our Shipping Pages.
   2. The Goods shall be deemed delivered, when they have been delivered to you at the Delivery Address.
   3. We shall deliver the Goods to you as soon as reasonably possible. For high value items we offer a 1-7 working day delivery service. In all other cases, we will deliver using either Royal Mail or Parcelforce – who typically aim to deliver the Goods within 4 to 5 Working Days of the Order Acknowledgement. If delivery is delayed for more than 30 days after the date of our Order Acknowledgement you shall be entitled to cancel the Contract and recover your reasonable losses from us.
   4. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, the delivery service will leave you a note informing you of how to rearrange delivery.
   5. We may, but only where agreed by us both, deliver the Goods in instalments.
   6. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 8.8 will apply.
   7. Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 14 Working Days following delivery.
   8. On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
   9. We may have to suspend the supply of Goods to:
      1. deal with technical problems or make minor technical changes;
      2. update the Goods to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the Goods as requested by you or notified by us to you.
   10. We will contact you in advance to tell you we will be suspending supply of the Goods, unless the problem is urgent or an emergency. You may contact us to end the Contract for the Goods if we suspend it, or tell you we are going to suspend it. In this case we will refund any money you have paid in full.
7. Risk and Title of Goods
   1. Risk of damage to or loss of the Goods shall pass to you:
      1. at the time of delivery; or
      2. if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
   2. Ownership of the Goods shall pass to you on delivery.
8. Your right to end the contract if you are a consumer
   1. If you are a consumer, you have a legal right to change your mind within 14 days after the day you receive your Goods, unless otherwise stated (or you receive the final instalment of your Goods where you have agreed to delivery by instalments) and to receive a refund ("Cooling Off Period"), unless the Goods have been personalised or otherwise made to your specification or by the reason of the nature of the Goods cannot be returned.
   2. If you wish to end the Contract under Condition 8.1 you must:
      1. provide us with a Notice of Cancellation either by email or post;
      2. keep the Goods in your possession and take reasonable care of them before you return them to us; and
      3. return the Goods to us by posting them to Concept2 Limited, Unit C8 Crossgate Drive, Queens Drive Industrial Estate, Nottingham NG2 1LW at your own cost with 14 days of telling us you wish to end the Contract.
   3. You shall provide us with a Notice of Cancellation either by email or post if you cancel the Contract under Condition 8.1 during the Cooling Off Period and we will, subject to Condition 8.4, refund the Price within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
   4. Where you fail to return the Goods to us or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to deduct the direct costs of collection or return from any refund due to you under Condition 8.6.
   5. We will pay the costs of return:
      1. if the Goods are faulty or misdescribed;
      2. if you are ending the Contract because we have told you of an upcoming change to the Goods or these Conditions, 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.
      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
   6. We will refund you the price you paid for the Goods including initial delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
   7. If you are exercising your right to change your mind:
      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; and
      2. the maximum refund for initial delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   8. We may end the Contract if you do not allow us to deliver the Goods to you. If we end the Contract we will refund any money you have paid in advance for the Goods but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking the Contract.
   9. Contracts may only be cancelled outside of the Cooling Off Period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints
   1. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at 0115 9340140 or write to us at info@concept2.co.uk or Concept2 Limited, Unit C8 Crossgate Drive, Queens Drive Industrial Estate, Nottingham NG2 1LW
10. Your rights in respect of defective Goods if you are a consumer
    1. If you are a consumer we are under a legal duty to supply Goods that are in conformity with the Contract. We warrant to you that any Goods purchased from us through our Site will, on delivery, conform to the Contract. This includes being of satisfactory quality, fit for purpose and as described on this Site.
    2. Some Goods have the benefit of an additional warranty. Where this is the case the warranty is supplied with the Goods.
    3. If you make a claim under the warranty provided at Condition 10 we ask that:
       1. you tell us about any issue as soon as is reasonably possible; and
       2. you give us a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the alleged breach and, at our option, either return the Goods to us at your cost, or alternatively allow us to collect the Goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be in breach of the warranty set out in Condition 10 and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be in breach of the warranty set out in Condition 10.
    4. If you wish to exercise your legal rights to reject Goods you must return them by post 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 call customer services on 0115 9340140 or email us at info@concept2.co.uk for a return label or to arrange collection.
11. Your rights in respect of defective Goods if you are a business
    1. If you are a business customer we warrant that on delivery the Goods will:
       1. conform in all material respects with the Contract;
       2. be free from material defects in design, material and workmanship;
       3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
       4. be fit for any purpose described on the Site.
    2. Subject to clause 11.3, if:
       1. you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 11;
       2. you give us a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the alleged breach and, at our option, either return the Goods to us at your cost, or alternatively allow us to collect the Goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be in breach of the warranty set out in Condition 10 and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be in breach of the warranty set out in Condition 10.
       we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
    3. We will not be liable for a Good’s failure to comply with the warranty in clause 11 if:
       1. you make any further use of such Goods after giving a notice in accordance with clause 11.2.1;
       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 goods or (if there are none) good trade practice;
       3. you alter or repair the Goods without our written consent; or
       4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    4. Except as provided in this clause 9, we shall have no liability to you in respect of a Good’s failure to comply with the warranty set out in clause 11.
    5. These Conditions shall apply to any repaired or replacement goods supplied by us under clause 11.2.
12. Our responsibility for loss or damage suffered by you if you are a consumer
    1. Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence (or that of our employees, agents or sub-contractors), fraudulent misrepresentations or breach of any terms implied by statute.
    2. Subject to Condition 12.1 we shall not be liable for any losses or damages under the Contract which:
       1. were not a foreseeable result of our breaking the Contract at the time when the Contract was made (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);
       2. relate to any business undertaken by you because we only supply goods to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13; and/or
       3. were not caused by any breach of the Contract by us, our agents or employees.
13. Our responsibility for loss or damage suffered by you if you are a business
    1. Nothing in these Conditions shall limit or exclude our liability for:
       1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
       2. fraud or fraudulent misrepresentation;
       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;
       4. defective goods under the Consumer Protection Act 1987; or
       5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 9 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.
    3. Subject to clause 13.1:
       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, sales, business, revenue, goodwill, or any indirect or consequential loss arising under or in connection with the Contract; and
       2. our total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1 million and 100% of the total sums paid by you for Goods under the Contract.
14. How we may use your personal information
    1. We will only use your personal information as set out in our Privacy Policy.
15. Force Majeure
    1. We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
16. Assignment
    1. We may assign the Contract or any part of it to any person. 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
    2. You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
17. Third party rights
    1. A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
18. Severance
    1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
19. Waiver
    1. If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
20. Cumulative remedies
    1. All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.
21. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
    1. These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.
22. Alternative dispute resolution if you are a consumer
    1. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
23. Which laws apply to this contract and where you may bring legal proceedings if you are a business
    1. If you are a business, any dispute or claim arising out of or in connection with the Contract 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.