Terms of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you the information listed on our website www.insightdiy.co.uk ("our site") relating to corporate entities who supply products for the home improvement, housewares and gardening industries ("Information Products"). Please read these terms and conditions carefully before ordering any Information Products from our site. You should understand that by ordering any of our Information Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Information Products from our site.
1. Information About Us
We operate the website www.insightdiy.co.uk . We are Insight Retail Group Limited, company number 03285833 registered in England having its registered office at 3 Churchgates, Church Lane, Berkhamsted, HP4 2UB. Our main trading address is Insight Retail Group Limited, Regents Place, 338 Euston Road, London, NW1 3BT. Our VAT number is 889658631.
2. Your Status
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. How the Contract Is Formed Between You and Us
- 3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Information Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Information Products will be supplied to you ("Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
- 3.2. The Contract will relate only to the Information Products we have agreed to supply in the Order Confirmation. We will not be obliged to supply any other Information Products which may have been part of your order until the supply of such Information Products has been confirmed in a separate Order Confirmation.
4. Consumer Rights
- 4.1. If you are contracting as a consumer, you may be entitled to cancel a Contract within seven working days, beginning on the day after you receive an Order Confirmation. In this case, you will receive a full refund of the price paid for the Information Products in accordance with our refunds policy.
- 4.2. If you are a consumer and you agree that we may immediately carry out performance of our obligations under the Contract, in doing so, you waive the right to cancel the Contract and we will not allow you to do so.
- 4.3. If you do not agree that we may immediately carry out performance of our obligations under the Contract, we reserve the right to withhold supply of the Information Products under the Contract until the expiry of the seven working day period mentioned in clause 4.1 above.
- 4.4. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
5. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation unless there are exceptional circumstances. The Information Products we deliver to you will unless otherwise stated be despatched by email.
6. Intellectual Property Rights
- 6.1. We shall own the copyright and all other intellectual property rights of whatever nature in any Information Products we supply to you.
- 6.2. You shall not:
- 6.2.1. reproduce the Information Products (or any part of the Information Products) in any format other than printing the Information Products for internal business purposes;
- 6.2.2. sell the Information Products or any information contained in the Information Products; or
- 6.2.3. undertake advertising of the Information Products or any information contained in the Information Products.
7. Price and Payment
- 7.1. The price of the Information Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error or where clause 7.4 applies.
- 7.2. Prices include VAT unless otherwise stated.
- 7.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 7.4. It is always possible that, despite our best efforts, some of the Information Products listed on our site may be incorrectly priced. We will normally verify prices as part of our supply procedures so that, where an Information Product’s correct price is less than our stated price, we will charge the lower amount. If the correct price of Information Product is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Information Product, or reject your order and notify you accordingly. We are under no obligation to provide Information Products to you at an incorrect (lower) price, even after we have sent you an Order Confirmation.
- 7.5. Payment for an annual subscription to our site and all Information Products must be made by the credit or debit cards listed on our site from time to time. If you purchase Information Products from our site, we will not charge your credit or debit card until we dispatch the Information Products you have ordered.
8. Our Liability
- 8.1. Subject to clause 8.3, if we fail to comply with these terms and conditions, our total liability to you in relation to any contract whether based on contract, tort (including negligence) or otherwise shall not exceed an amount equal to the price of the Information Products ordered by you.
- 8.2. Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach of contract:
- 8.2.1. loss of income or revenue
- 8.2.2. loss of business
- 8.2.3. loss of profits
- 8.2.4. loss of anticipated savings
- 8.2.5. loss of data;
- 8.2.6. waste of management or office time; or
- 8.2.7. indirect or consequential loss or damage.
However, this clause 8.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 8.2.
- 8.3. Nothing in this Agreement excludes or limits our liability for:
- 8.3.1. death or personal injury caused by our negligence
- 8.3.2. fraud or fraudulent misrepresentation
- 8.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- 8.3.4. defective products under the Consumer Protection Act 1987; or
- 8.3.5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
From time to time we may introduce promotional offers whereby users of our site who have a current subscription (“Promoter”) recommend the subscription service on our site to third parties who have not previously subscribed to our site. Promoters may, subject to availability, be eligible for a gift incentive if they satisfy the terms of the promotional opportunity which may be set out on our site from time to time.
10. 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.
All notices given by you to us must be given to Insight Retail Group Limited, at Insight Retail Group Limited, Regents Place, 338 Euston Road, London, NW1 3BT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 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.
12. Transfer of Rights and Obligations
- 12.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
- 12.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 12.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside Our Control
- 13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- 13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 13.2.1. strikes, lock-outs or other industrial action
- 13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- 13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- 13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- 13.2.5. impossibility of the use of public or private telecommunications networks; and
- 13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
13.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 14.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- 14.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
- 14.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
- 16.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- 16.2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- 16.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) will be for breach of contract.
- 16.4. Nothing in this clause limits or excludes any liability for fraud.
17. Our Right to Vary These Terms and Conditions
- 17.1. We have the right to revise and amend these terms and conditions from time to time.
- 17.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Information Products).
18. Law and Jurisdiction
Contracts for the purchase of Information Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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