1.0 Definitions

   In this agreement:

   “Consumer”

   means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

   “Content”

   means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds,             videos and animations.

   “Extra Work”

   means all of the work we do and materials we buy to prepare or produce Specified Goods.

   “Goods”

   means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.

   "Intellectual Property"

   means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds                coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all              rights which are derived from those rights.

    "Post"

    means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the          phrases "Posted" and "Posting" shall be interpreted accordingly.

    “Specified Goods”

    means Goods which have been subject to work or process to your specific order.

    “Our Website”

    means any website of ours, and includes all web pages controlled by us.

2.0 Interpretation

      Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

    2.1   a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a                    reference to the plural and vice versa.

    2.2   a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

    2.3   the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.

    2.4   in the context of permission, “may not” in connection with an action of yours, means “must not”.

    2.5   any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to              do that same thing.

    2.6   a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

    2.7   in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the                          indemnified party, such cost calculated £50 per hour.

    2.8   these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to                you as a visitor to Our Website. 

3.0 Our contract with you

    3.1   This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings                        between the parties.

    3.2   Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or                              document or other term not forming part of this agreement.

    3.3   If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and                you accept personal responsibility for every act or omission by you.

    3.4   Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.

    3.5   We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order              Goods. We advise you to print a copy for your records.

    3.6   The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time              when you buy those Goods.

    3.7   If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still                        apply so far as they can be applied.

 4.0 Acceptance of your order

       Your order is an offer to buy from us.

    4.1  Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you, or arrive onsite on the            agreed (by e-mail or otherwise in writing) date and time of your appointment as applicable. At any point up until then, we may decline to              supply the Goods or service to you without giving any reason.

    4.2  If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

          1. accept the alternatives we offer;

          2. cancel all or part of your order.

5.0 Prices

    5.1  Prices of Goods and services are shown on Our Website, or are available on enquiry, either through Our Website or by telephone.

    5.2  It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods or                       services until you have confirmed that you wish to buy at the new price..

    5.3  Prices include value added tax. If you show by your delivery address that you reside outside the United Kingdom, we will refund to you               the amount charged as VAT.

6.0 Payment

    6.1  If the item you order is available in parts, you must pay us the full price of your order before we will dispatch any part of it.

    6.2  Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other                    than Pounds Sterling will be borne by you.

    6.3  Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

    6.4  If, by mistake, we have under-priced Goods or services, we will not be liable to supply those Goods or services to you at the stated                       price, provided that we notify you before we dispatch it to you.

    6.5  The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your                    order and which will be displayed on a page of Our Website before we ask you to pay.

    6.6  The price of services may not include travel costs. Where these apply, they will be charged at the rates applicable at the date you place              your order, and will be confirmed by e-mail (or otherwise in writing) before we ask you to pay.

    6.7  If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any                 event no later than 14 days from the date when we accept that repayment is due.

 7.0 Security of your credit card

       We take care to make Our Website safe for you to use.

    7.1  Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will                      encrypt your card or bank account details in a secure environment.

    7.2  If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your             payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or                   other transactions which you have initiated.

8.0 Cancellation and refunds

    This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and                Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the          contract.

    8.1  We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether                 that is in the medium of Our Website or in hard copy.

    8.2  The following rules apply to cancellation of your order:

           8.2.1 If you have ordered Goods or Services, but not received them, you may cancel your order without giving a reason, at any time                                within 14 days of your order. You will have no obligation and we will return your money.

           8.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received                                them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

           8.2.3 We will return your money subject to the following conditions:

                 8.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging                                       intact.

                 8.2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

    8.3  The option to cancel your order is not available:

           8.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for                        some other reason;

           8.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.

           8.3.3 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.

    8.4  You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning                 the Goods.

    8.5  In any of the above scenarios, we will return your money within 14 days.

9.0 Liability for subsequent defects

    9.1  Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days             of receipt of the Goods, we shall assume that you have accepted them.

    9.2  The procedure to return the faulty Goods is as follows:

           9.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

           9.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and                            complied with any manufacturer specific instructions or care notes.

           9.2.3 please follow the returns procedure which we will send to you as soon as you notify us that you wish to return an item.

     9.3  We will return your money subject to the following conditions:

           9.3.1 we receive the Goods with labels and packaging intact.

           9.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.

           9.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or                      reproduce it.

     9.4  If any defect is found, then we shall:

            9.4.1 repair or replace the Goods, or

            9.4.2 refund the full cost you have paid including the cost of returning the Goods.

10.0 Delivery

     10.1 Goods are delivered within 30 days from the day you place an order to purchase the Goods.

     10.2  Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to                          accept delivery.

     10.3  If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date                  for delivery.

     10.4  We may deliver the Goods in instalments if they are not all available at the same time for delivery.

     10.5  Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have                                   instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the                     garage”).

     10.6  We will send you a message by email to tell you when we have despatched your order.

     10.7  All Goods sent by courier or post must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the                              address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you                          check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and                                   immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

     10.8  Signing "Unchecked", "Not Checked" or similar is not acceptable.

     10.9  If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be                          treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-                  delivery.

     10.10 Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has                 been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.

     10.11 Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given                     when you place your order.

     10.12 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

11.0 Foreign taxes and duties

     11.1  If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

     11.2  You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any                  kind levied in your country.

12.0 Goods returned

     These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

     12.1  We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that                   you may return them.

     12.2  Before you return Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied                  with any provisions relating to the power supply, plugs and sockets.

     12.3  So far as possible, Goods should be returned:

            12.3.1 with both Goods and all packaging as far as possible in their original condition;

            12.3.2 securely wrapped;

            12.3.3 including our delivery slip or manufacturer’s delivery slip;

            12.3.4 at your risk and cost.

     12.4  You must tell us by email message to sales@equiphoria.co.uk you that you would like to return Goods, specifying exactly what Goods                  and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send                          Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

     12.5  In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

     12.6  Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the equipment and                      the manufacturer's operating instructions.

     12.7  If we agree that the Goods are faulty, we will:

            12.7.1 refund the cost of return carriage;

            12.7.2 repair or replace the Goods as we choose.

     12.8  If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in                  respect of the defect.

13.0 How we handle your Content

     13.1  Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link to privacy policy].

     13.2  If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control who sees it nor                    what anyone does with it.

     13.3  Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect                        your rights for you.

     13.4  You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any                  law, which may occur as a result of any Content having been Posted by you; 

     13.5  You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

     13.6  Please notify us of any security breach or unauthorised use of your account.

14.0 Restrictions on what you may Post to Our Website

        We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to             protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of           Our Website.

       We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted               breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

       You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

     14.1  be unlawful, or tend to incite another person to commit a crime;

     14.2  consist in commercial audio, video or music files;

     14.3  be sexually explicit or pornographic;

     14.4  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any                            person;

     14.5  give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

     14.6  be made on behalf of some other person, or impersonate another person;

     14.7  request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary                              personal information about yourself;

     14.8  be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person.                                Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third                party for his commercial use;

     14.9  include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your                       profile in such place as we designate;

     14.10 link to any of the material specified in this paragraph;

     14.11 use distribution lists that include people who have not given specific permission to be included in such distribution process;

     14.12 send age-inappropriate communications or Content to anyone under the age of 18.

15.0 Your Posting: restricted content

     In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In             addition to the restrictions set out above, a Posting must not contain:

     15.1  hyperlinks, other than those specifically authorised by us;

     15.2  keywords or words repeated, which are irrelevant to the Content Posted.

     15.3  the name, logo or trademark of any organisation other than yours.

     15.4  inaccurate, false, or misleading information;

16.0 Removal of offensive Content

     16.1  For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

     16.2  We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any                              responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a                      reason.

     16.3  If you are offended by any Content, the following procedure applies:

     16.4  your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that                              requested in our form. It must be sent to us by post or email.

            16.4.1 we shall remove the offending Content as soon as we are reasonably able;

            16.4.2 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

            16.4.3 we may re-instate the Content about which you have complained or we may not.

     16.5  In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now                                  irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

     16.6  you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including                    legal fees, if any.

17.0 Security of Our Website

     If you violate Our Website we shall take legal action against you.

     You now agree that you will not, and will not allow any other person to:

     17.1  modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

     17.2  link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by               a user who accessed the site by typing the URL into a standard browser;

     17.3  download any part of Our Website, without our express written consent;

     17.5  collect or use any product listings, descriptions, or prices;

     17.5  collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

     17.6  aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by                  this agreement or as is reasonably necessary for your use of Our Website;

     17.7  share with a third party any login credentials to Our Website;

     17.8  Despite the above terms, we now grant a licence to you to:

            17.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific                        permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or                           otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without                        our express written consent.

            17.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.

18.0 Disclaimers

     18.1  The law differs from one country to another. This paragraph applies so far as the applicable law allows.

     18.2  All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or                      term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release                      that specific condition, warranty or term.

     18.3  We make no representation or warranty for:

            18.3.1 the quality of the Goods;

            18.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

            18.3.3 the correspondence of the Goods with any description;

            18.3.4 the adequacy or appropriateness of the Goods for your purpose.

     18.4  We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from                                    information you take from Our Website.

     18.5 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or                     consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of                             contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

     18.6 We make no representation or warranty and accept no responsibility in law for:

            18.6.1 accuracy of any Content or the impression or effect it gives;

            18.6.2 delivery of Content, material or any message;

            18.6.3 privacy of any transmission;

            18.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

            18.6.5 any aspect or characteristic of any goods or services advertised on Our Website;

     18.7 Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content                     which offends you, please contact us via the “Contact us” page on Our Website.

     18.8 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs,                 maintenance or other good reasons. We may do so without telling you first.

     18.9 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the                 immediately preceding 12 month period for the [Products / Service] concerned.

     18.10 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our                                 directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this                                 provision under the Contracts (Rights of Third Parties) (Scotland) Act 2017.

     18.11 If you become aware of any breach of any term of this agreement by any person, please tell us by e-mail (info@equiphoria.co.uk), or                      otherwise in writing. We welcome your input but do not guarantee to agree with your judgement.

     18.12 Nothing in this agreement excludes liability for a party's fraud.

19.0 Your account with us

     19.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need               this information to provide you with the Goods and services.

     19.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any                       unauthorised person from using your computer.

     19.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you                       believe some person has accessed your account without your authority and also log in to your account and change your password.

20.0 Indemnity

     You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

     20.1 your failure to comply with the law of any country;

     20.2 your breach of this agreement;

     20.3 any act, neglect or default by any agent, employee, licensee or customer of yours;

     20.4 a contractual claim arising from your use of the Goods;

     20.5 a breach of the intellectual property rights of any person.

21.0 Intellectual Property

     21.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content                          whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital                downloads, data, and software).

     21.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from,                                 distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

     21.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

     21.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you                     maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

22.0 Dispute resolution

     The following terms apply in the event of a dispute between the parties:

     22.1 If you are not happy with our services or have any complaint then you must tell us by email message to info@equiphoria.co.uk (or via                     the  ‘contact us’ form which you will find on Our Website).

     22.2 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a                             process of mediation or arbitration.

23.0 Miscellaneous matters

     23.1 When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way                 as properly signed and dated paper sent by post.

     23.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not                 to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other                             obligation upon us in respect of those goods or that service.

     23.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be                       treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it                     from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as                               severable and shall not in any way affect any other of these terms.

     23.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

     23.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

     23.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce               that or any other right in the future.

     23.7 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery               or by e-mail.

             It shall be deemed to have been delivered:

                 1. if delivered by hand: on the day of delivery;

                 2. if sent by post to the correct address: within 72 hours of posting;

     23.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.

     23.9 We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our                               reasonable control, including any labour dispute between a party and its employees.

     23.10 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any                                 comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

     23.11 The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any                             dispute arising from it shall be litigated only in that country.

Notice of right of cancellation: 

Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

     Your right to cancel

     Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this                   contract within 14 days without giving any reason.

     The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the                 product or we have delivered it to you.

How to cancel

     To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before         the cancellation period has expired.

     To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

     You may contact us for a copy of a model cancellation form, but you can use your own words as long as your intention is clear.