Business Terms and Conditions - Domestic Ventilation Systems

BUSINESS TERMS AND CONDITIONS
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CONTRACT DETAILS

This Agreement is made between:

Vapour Flow Limited, a private limited company incorporated and registered in England and Wales with company number 04950095, whose registered office is at Henley Business Centre, Newtown Road, Henley-On-Thames, RG9 1HG, United Kingdom, and VAT number is 919727486, trading as Vapour Flow (“we”, “us”, “our”);

and

The Customer, whether you are a consumer or business customer (“you”, ”your”).

BACKGROUND

Vapour Flow designs, manufactures, and supplies ventilation and air flow control products, and sells materials and fire protection products (“Product(s)”). Vapour Flow also offers a full bespoke service including consultations, site surveys, new product designs, build, installation, and maintenance (“Service(s)”). The Customer wishes to engage Vapour Flow for the provision of its Products and/or Services and Vapour Flow is willing to provide its Products and/or Services to the Customer in accordance with the terms and conditions of this Agreement.

There terms are separate (and where applicable in addition to) our terms and conditions relating to B2B contracts for pyro Customers (who pay 30% fees upfront and 70% after we send the product). Please contact us if you require further information.

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BY PLACING AN ORDER WITH US, OR BY USING OUR SERVICE, YOU AGREE TO THE FOLLOWING TERMS

CONTENTS

Interpretation
How to Contact Vapour Flow
Vapour Flow’s Products and Services
Your Order with Vapour Flow
Vapour Flow’s Right to make Changes
Providing the Products and Services
Delivery
Vapour Flow may Suspend the Supply of Products and Services
Your Rights to end the Contract
Returning Products
Refunds
Vapour Flow’s Rights to End the Contract
Price and Payment
Warranty
Limitation of Liability
How Vapour Flow may use your Personal Information
Rights and Obligations
Intellectual Property Rights
Variation
Severance
Delays in Enforcing this Contract
Notices
Governing Law and Jurisdiction
Alternative Dispute Resolution

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INTERPRETATION
1. The following definitions and rules of interpretation apply in this Agreement:
  1. “Business Day” means 9:00am to 4:30pm, Monday to Friday (excluding public holidays in England and Wales).
  2. “Products” includes any products sold through our website, whether specifically relating to Vapour Flow’s brand, a Supplying Party, or otherwise.
  3. “Supplying Party” means the respective manufacturers and/or authorised distributors of a Product where our agreement with them extends only in so far as providing a retail sale platform for the Products.
  4. “VAT” means value added tax, chargeable under the Value Added Tax Act 1994.
  5. References to “our website” are to https://www.vapourflow.com.
  6. References to clauses are to the clauses of this Agreement.
  7. Clauses and paragraph headings shall not affect the interpretation of this Agreement.
  8. Unless the context otherwise requires, words in the singular shall include the plural, and words in the plural shall include the singular.
  9. Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term, preceding or following those terms.
  10. A reference to “writing” or “written” includes e-mail.
  11. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time, under that statute or statutory provision.
  12. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

HOW TO CONTACT VAPOUR FLOW
1. You can contact us by telephoning our customer service on 01491 410170, or by writing to us at vents@vapourflow.com, or to Henley Business Centre, Newtown Road, Henley-On-Thames, RG9 1HG, United Kingdom.
2. If we must contact you, we will do so by the telephone number, email address, or postal address you provide to us when placing your order or creating a user account.
3. If you are contacting us about an order you have placed with us, please have your order number at hand as we use this to locate the details.

VAPOUR FLOW’S PRODUCTS AND SERVICES

1. The images of the Products on our website are for illustrative purposes only. It is possible that your delivered Product and its packaging may vary slightly from those images.
2. Although we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
3. In addition to the images of Products on our website, we display data sheets for each Product, containing measurements and diagrams to ensure that you are provided with the necessary details for you to make a decision about your purchase. We also offer telephone technical support, advice, and survey Services to assist you in making an appropriate purchase. We advise to make use of all information available in order to make an informed decision about your order.
4. If we are making the Product or providing the Services to measurements which you have provided us, you are responsible for ensuring that the measurements you provide are correct. If you require information on how to measure, we will provide advice to you during the order process and are always happy to help if you contact us by email or telephone. For avoidance of doubt, VapourFlow are not liable for any mistakes made by you in relation to measurements provided by you.
5. For some Products sold on our website, Vapour Flow acts as a retailer and distributor for a Supplying Party.

YOUR ORDER WITH VAPOUR FLOW
1. We will send you an email with an assigned order number to confirm our acceptance of the order you have placed for our Products or Services, at which point, this contract will come into existence between you and Vapour Flow.
2. If we are unable to accept your order, we will inform you and will not charge you for the Products or Services. Reasons for this may be because:

1. 1. The Product is out of stock.
  2. Of unexpected limits on our resources which we could not reasonably plan for.
  3. A credit reference we have obtained for you does not meet our minimum requirements.
  4. We have identified an error in the price or description of the Product or Services.
  5. We are unable to meet a delivery deadline you have specified.
2. Vapour Flow may offer you an alternative Product or issue a refund if we cannot satisfy your order for any reason. We will offer alternative Products of the same value, however you may choose a Product of higher value, but you must pay the difference in price.

VAPOUR FLOW’S RIGHT TO MAKE CHANGES

1. Vapour Flow may make changes to the Products, Services, or to these terms, and will always attempt to do so with reasonable notice on our website.
2. A Supplying Party may make changes to the Products sold on our website from time to time, whether or not such reason is communicated to us. We will endeavour to always make customers aware of such changes.
3. We may change a Product or Service:
  1. To reflect changes in relevant laws and regulatory requirements.
  2. To implement minor technical adjustments and improvements. For example, to address a security threat or to improve our packaging.
4. Vapour Flow will contact you if the changes affect your use of the Product or affect our Service to you.

PROVIDING THE PRODUCTS AND SERVICES
1. During the order process, Vapour Flow will agree a date to start the Services or advise when you should expect to receive the Products you have ordered.
2. Though we will attempt to provide the ordered Products as soon as possible, Product availability will apply. It is possible that an order placed via our website may take up to a maximum 30 days to fulfil, and for business customers, an order may take up to 12 weeks to fulfil.
3. If you have purchased ongoing Services or a subscription, Vapour Flow will supply the Services or Products to you until:

1. 1. The Services are completed, or the subscription expires.
  2. You end the Agreement by giving 1 months’ notice.
  3. You end the Agreement in accordance with Clause 9.
  4. We end the Agreement by written notice in accordance with Clause 12.
2. Vapour Flow may require access to your property or need certain information from you so that Products or Services can be supplied:
  1. We will contact you for such information. If you do not provide this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may either end the Agreement (and Clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products or Services late (or not supplying any part of them) if this is caused by you not giving us the information we need within a reasonable time of our request.
  2. For example, we may ask you to complete our online Condensation Questionnaire and provide photos, floor plans, or other necessary information for us to review and provide our advice. Without your answers, we may not be able to provide or advise the suitable Products or Services.
  3. We may advise that a site survey is required so we can inspect the depth of building structure, wall thickness, surroundings of properties, etc. In this case, without a detailed report from our surveyor, we cannot provide fully informed advice in relation to which Products you require, and the Products that are most suitable.
    1. Where we advise that a survey is required and you do not allow a survey to be performed, we will not be responsible for the choice of Products that you order.
    2. If we do provide any advice in these circumstances, you must be aware that without the survey, our advice may not be accurate and therefore is not intended to be relied upon.
  4. If you do not allow Vapour Flow access to your property to perform the Services as arranged, and in our opinion, you do not have a good reason for this (at our absolute discretion), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you to re-arrange access to your property, we may end the Agreement and Clause 12.2 will apply.
3. Where we are supplying Services on site, Vapour Flow shall observe all reasonable health and safety rules and regulations and security requirements that apply at your property and that have been communicated to us, provided that we shall not be liable if, as a result of such observation, we are in breach of any of our obligations under this Agreement.
4. We are not responsible for delays outside our control. If these delays occur, Vapour Flow will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. If there is a risk of substantial delay, you may contact us to request to end the Agreement, and if we accept your request, we will provide a refund for any Products or Services you have paid for but not received.
5. We are under a legal duty to supply Products and Services that are in conformity with this Agreement. Nothing in these terms will affect your legal rights. If you have any questions or complaints about the Product or Service, please contact us.

DELIVERY
1. If no one is available at your address to take the delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to re-arrange delivery or to collect your order from a delivery depot.
2. If after a failed delivery you do not re-arrange delivery or collect from a delivery depot, we will contact you for further instructions and may charge you storage fees and any further delivery costs.
3. If we are unable to contact you to re-arrange delivery or collection from a delivery depot after 30 days, we may end the Agreement and Clause 12.2 will apply.
4. Where a claim form has been provided by the delivery company due to damage to the packaged order during transit, please ensure to retain this form as it will assist in securing a replacement Product or refund.
5. The boxes containing the Products are usually shrink wrapped for delivery. You must be careful when opening the wrapping as any damage to the Product’s original boxing may affect your eligibility for a full refund (see Clause 10 and 11).

VAPOUR FLOW MAY SUSPEND THE SUPPLY OF PRODUCTS AND SERVICES
1. Vapour Flow may suspend the supply of a Product or Service. Reasons for this may be:
  1. To deal with technical problems or make minor technical changes.
  2. To update the Product or Service to reflect changes in relevant laws and regulatory requirements.
  3. To make changes to the Product or Service as requested by you or implemented by us.
  4. If you do not make payment within 2 days of us reminding you that payment is due, we may suspend the supply until you have paid us the outstanding amounts.
2. We will contact you in advance to tell you we will be suspending supply of the Product or Service unless the problem is urgent or an emergency.
3. If we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months, you may ask us to end the Agreement and we will refund any sums you have paid in advance for Products or Services in respect of the period after you end the Agreement (except where Clause 8.1.4 applies).
4. If we must suspend the supply Product or Service, we will adjust the price so that you do not pay for Products or Services while they are suspended.

YOUR RIGHTS TO END THE CONTRACT
1. Your rights when you end the Agreement will depend on what you have purchased, whether there are any faults with it, how Vapour Flow are performing, and when you decide to end the Agreement.
2. If you are ending the Agreement for any of the following reasons, the Agreement will end immediately, and we will refund you for any Products or Services that have not been provided:

1. 1. We have told you about an upcoming change to the Product, Services, or to these terms, which you do not agree to (see Clause 5).
  2. We have told you about a significant delay to the supply outside of our control.
  3. We have told you about an error in the price or description of the Products or Services you have ordered, and you do not wish to proceed.
  4. We have suspended the supply of the Products or Services for technical reasons, or we notify you of our plans to suspend them for technical reasons, in each case, for a period of more than 3 months.
  5. You are exercising your legal right to end the Agreement.
2. If the Product or Service received is faulty or misdescribed, you may have a legal right to have the Product repaired or replaced, to get the Service re-performed, or to get a full or partial refund (see Clause 11).
3. If you have just changed your mind about the Products or Services you have ordered, you may be able to get a refund if you are a consumer and within the ‘cooling-off period’, but this may be subject to deductions and you must pay the costs of return of any Products. You do not have the right to change your mind in respect of:
  1. Services once these have been completed, even if the cancellation period is still running. If you are a consumer and you decide to cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
  2. Products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
  3. Any Products which become mixed inseparably with other items after their delivery.
  4. Your order for some of the Products (not all of them) if splitting them up would significantly reduce their value.
4. In all other cases where we are not at fault and there is no legal right to change your mind, you may still be able to end the Agreement before it is completed (paid for and delivered or completed), but you may owe us compensation. Any of the following may apply at our absolute discretion:
  1. We may end the Agreement immediately and refund any sums paid by you for Products or Services not provided.
  2. We may end the Agreement, but it will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products or Services which will not be provided to you. For example, if on 4^th February you tell us you want to end the Agreement, we will continue to supply the Product or Service until 3^rd March. We will only charge you for supplying the Product or Service up to 3^rd March and will refund any sums you have paid in advance for the supply of the Product after 3^rd March.
  3. We may deduct from the refund (or if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Agreement.

RETURNING PRODUCTS
1. If you wish to a return a product you must contact us and provide your reason for the return of any Products and return them by posting them back to us at Henley Business Centre, Newtown Road, Henley-On-Thames, RG9 1HG, United Kingdom within 14 days for a refund or replacement, subject to consumer rights.

1. 1. If the Products are for regular delivery over a set period, you have until 14 days after the date you receive the first delivery of the Products.
  2. Products must be returned with the Product’s original boxing. The box must be undamaged and unmarked to qualify for a full refund.
  3. It is your responsibility to carefully repackage Products and their original boxes for the return (for example, placing a bag or shrink wrap around the box). Any Products or boxes that are not in a resaleable condition because they are damaged by you, or damaged in return transit as a result of insufficient packaging by you, may be ineligible for a full refund (at our discretion).
  4. You are responsible for the cost of the return of any Products.
  5. Before posting, please email us with photos of any damage to any Products that have arrived damaged as this may assist with your claim for a refund.
  6. We do not accept liability if the returned Products are damaged or lost in transit during a return to us. We recommend that all returned Products be sent as a ‘signed for’ consignment. In such circumstances, it will be the postal company or delivery partner you will need to contact for complaint or liability. If a tracked return order is lost by a shipping company, we may assist you in contacting the courier to facilitate compensation to you for the lost order and will require proof of postage and tracking details for this. The courier company’s terms and conditions as to maximum compensation that may be payable to you (if the base amount is insufficient to cover the value of your returned Products, we would suggest purchasing shipping insurance through the postal company at your own cost to insure your shipment).
2. The Product is your responsibility once it is delivered. You must exercise care and responsibility when opening the packaging and unboxing the Product, including but not limited to, the removal of any covering, caps, or tags. Any damage caused by you to the Product or the original boxing in the process of opening the packaging, will not be accepted as a reason for return and we reserve the right to charge you in full for any Product or boxing you have damaged.
3. Unless your return is related to a defect or quality issue of the Product, the Product will not be accepted as returned if we find that the Product has been used or tampered with in any way.
4. A returned order is not a guarantee that the same order or Products may be dispatched, and in the event the Products are unavailable, or unsuitable for re-dispatch, you will be offered alternative Products or a refund.
5. If returned Products cannot be traced to an order placed through Vapour Flow, the return will not be accepted and cannot be processed and may be returned to you at your cost if such details can be located.
6. If you are a business user, you have no right to change your mind or request a refund. Any such request will be dealt with at Vapour Flow’s absolute discretion.

REFUNDS
1. If you cancel your order after Products are dispatched, your refund or replacement request will be assessed by Vapour Flow (at Vapour Flow’s absolute discretion) and made as soon as possible from the day on which we receive the Product back from you.
2. Our engineer will inspect all Products returned to us to confirm the condition before we provide a refund or replacement. We reserve the right to reduce your refund of the price to reflect any reduction in the value of the Product where:

1. 1. This has been caused by you handling them in a way which would not be permitted in a shop.
  2. The Product or its original boxing have been damaged by you in the process of opening the packaging/shrink wrapping.
  3. You have not provided sufficient packaging when returning Products resulting in the Products or the original boxing becoming damaged in the return transit.
  4. The Product has been used by you.
  5. There is evidence that the Product has been tampered with.
  6. The Product or its original boxing have been opened and returned in such a condition that they are not resaleable, and there is no fault on the part of Vapour Flow’s or a Supplying Party.
2. In the event that we refund you before we have inspected the Products and later discover that there is a reduction in value, you must pay us an appropriate amount at our absolute discretion.
3. If we cannot find fault with a Product you have described as faulty, ill described, or not fit for purpose, or the Product cannot be accepted for return, then you may be liable to pay postage fees associated with returning the same Products to you.
4. It is your responsibility to ensure that correct delivery details are provided, and a correct email address is provided for any communications, notices, and confirmations. Vapour Flow do not accept liability or responsibility in the event of any order being misplaced or lost as a result of mistakes in the submitted information of the Customer. While we will try to assist you, there is no guarantee of a refund or a replacement order.
5. If we accept a request to refund the original delivery costs (at our absolute discretion):
  1. The maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  2. Where you have purchased Services, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you want to cancel the Agreement. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Agreement.

VAPOUR FLOW’S RIGHTS TO END THE CONTRACT
1. 12.1.Vapour Flow may end the Agreement at any time by writing to you, if:
  1. You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due.
  2. You do not, within a reasonable time of our request, provide us with information that is necessary for us to provide the Services or Products.
  3. You do not, within reasonable time, allow us to deliver the Products to you.
  4. You do not, within a reasonable time, allow us access to the property at the address provided during the order process, to supply the Services.
  5. You commit a material breach of any term of this Agreement where the breach is irremediable, or if such a breach is remediable, you fail to remedy that breach within 14 days of our written notice.
  6. You repeatedly breach any of the terms of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of this Agreement.

1. If we end the Agreement in the situations set out in Clause 12.1, we will refund any money you have paid in advance for the Products and Services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Agreement.
2. Vapour Flow reserves the right to cancel your order and end the Agreement at any time at our absolute discretion.

PRICE AND PAYMENT
1. The price of your order is indicated on the order pages when you place your order on our website or quoted to you by a member of our team if you are placing your order over the telephone (“Stated Price”).
2. The Stated Price excludes VAT which Vapour Flow will add to the invoice at the appropriate amount. If the rate of VAT changes between your order date and the date we supply the Product or Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Product or Service in full before the change in the rate of VAT takes effect.
3. Although Vapour Flow take care to ensure that the price of the Products and Services advised to you is correct, it is always possible that, despite our best efforts, some may be incorrectly priced:

1. 1. Where the correct price at your order date is less than our Stated Price at your order date, we will charge the lower amount.
  2. If the correct price at your order date is higher than the Stated Price advised to you, we will contact you for instructions before we proceed with your order.
  3. If we accept and process your order where a pricing error is obvious and unmistakable and could have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid, and require the return of any Products provided to you.
2. Vapour Flow accepts payment with all debit/credit cards and with Braintree, PayPal, Worldpay, and Stripe.
3. The charges shall be paid in Great British Pounds unless otherwise agreed in writing by Vapour Flow.
4. When you must pay depends on what you have ordered from us:
  1. If you are purchasing our Products, you must pay for the Products at the time of placing your order and before we dispatch them.
  2. If you are purchasing our Services, we may require either full payment or an advance payment before we start providing the Services:
    1. For our premium consultations, we require full payment at the order date and in advance of providing the Service.
    2. For surveys, you must pay in full before we perform the Service. Where you have ordered a survey and install service together, we will return 50% of the survey fee to you once we have completed the installation.
    3. For installation works, we require a 50% deposit before we begin our Service and will invoice the remaining balance when we have completed the installation. The full price of this Service must be paid within 2 days following the completed installation for you to receive our 2 year warranty on units.
    4. For large contract orders (to be determined at our absolute discretion), we require a 30% deposit at the time of placing your order with the final payment on a credit account or prior to delivery.
    5. Where a deposit is required in advance of supplying the Services, you must pay any remaining balance within 30 days of receiving Vapour Flow’s subsequent invoice.
5. These payment terms are guidelines and must be interpreted with invoices submitted by Vapour Flow.
6. All amounts due under this Agreement to Vapour Flow shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).
7. You shall pay each invoice which is properly due and submitted by Vapour Flow within 14 days of receipt, and to a bank account nominated in writing by us.
8. 13.10.If we require a deposit and you fail to make payment, we may suspend all Services until payment has been made. Wealso reserve the right to terminate this Agreement if any money payable to Vapour Flow is not paid on the due date.
9. 13.11.If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of Englandfrom time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
10. 13.12.If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

WARRANTY

1. 14.1.Vapour Flow pride ourselves in the quality of the Products and Services we supply to our Customers. Products may have a warranty which will be detailed further on our website and in any documentation included with the Products.
2. 14.2.While Warranties offered through our website may be updated from time to time, the Warranty period you are entitled to will be the Warranty terms that were in force at the time of your order being placed.

LIMTATION OF LIABILITY
1. We are not responsible for any loss or damage that is not Foreseeable. “Foreseeable” means it is obvious that it will happen, or if at the time the Agreement was made, we both knew it might happen. For example, if you discussed something with us during the sales process.
2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a Foreseeable result of us breaking this Agreement, or our failing to use reasonable care and skill.
3. Vapour Flow are not the manufacturers of Products of a Supplying Party, and accordingly, Vapour Flow does not accept liability with respect to manufacturing defects, or failure in quality, in relation to such Products. All such risks here remain with the Supplying Party.

1. 1. In the event of any dispute or concern over the quality of these Products, Vapour Flow will facilitate communications with the respective Supplying Party with a view to assisting in resolving any disputes.
2. Vapour Flow’s total liability under or in connection with this Agreement shall be limited to the greater of:
  1. 150% the total value of this Agreement; or
  2. £100,000.
3. This limit shall apply howsoever that liability arises, including, and without limitation, a liability arising by breach of contract, arising by tort (including, and without limitation, the tort of negligence), or arising by breach of statutory duty.
4. We do not exclude or limit in any way, our liability to you where it would be unlawful to do so. This includes liability for:
  1. Death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
  2. Fraud or fraudulent misrepresentation.
  3. A breach of your legal rights in relation to the Products and Services, including the right to receive Products and Services which are: as described, and match information we provided to you and any sample or model seen or examined by you; fit for any particular purpose made known to us; supplied with reasonable care and skill, and, where installed by us, correctly installed.
  4. Defective Products under the Consumer Protection Act 1987.
5. Vapour Flow will not be liable to you, whether in contract, tort, or restitution, or breach of statutory duty, or otherwise, for any:
  1. Issues with the Products arising from incorrect usage.
  2. Errors in the installation process of our Products where the installation is not performed by Vapour Flow. Including those that arise from Products being installed by an uncertified person.
  3. Loss of profit.
  4. Loss of goodwill.
  5. Loss of business.
  6. Loss of business opportunity.
  7. Loss of anticipated saving.
  8. Loss of corruption of data or information.
  9. Loss of contracts.
  10. Loss of use of money.
  11. Loss of actual savings.
  12. Loss of revenue.
  13. Loss of reputation.
  14. Ex gratia payments.
  15. Loss of operation time.
  16. Loss of opportunity.
  17. Special, indirect, or consequential damage or loss suffered by you, arising under or in connection with this Agreement.
6. Nothing in this Agreement shall or shall not be deemed to relieve you of any common law duty to mitigate any loss or damage incurred by it.
7. If we are providing Services on your property or at an address provided by you, we will make good any damage to the property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
8. The Products must be used strictly for their defined purpose and in accordance with any laws. You are responsible for Products once you have received them. Vapour Flow are not liable for any harm or injury arising as a result of unlawful, incorrect, or inappropriate use of the Products. You must always supervise minors or restricted parties that may have access to the Products.

HOW VAPOUR FLOW MAY USE YOUR PERSONAL INFORMATION
1. We will only use your personal information as set out in our Privacy Policy: https://www.vapourflow.com/privacy-policy/ .
2. You may only use Vapour Flow’s confidential information to perform your obligations under this Agreement.

RIGHTS AND OBLIGATIONS
1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the Agreement within 90 days of us telling you about it and we will refund you any payments already made in advance for Products or Services not provided.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We are a specialist industry therefore this matter requires our approval.
3. This Agreement is between you and Vapour Flow. No other person shall have any right to enforce any of its terms. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

INTELLECTUAL PROPERTY RIGHTS
1. Vapour Flow shall own all Intellectual Property Rights in existence as at the date of your order and which are created in the provision of the Services. Nothing in this Agreement is intended to transfer any title, right, or interest in such Intellectual Property Rights to you.

VARIATION

1. No variation of this Agreement shall be effective unless it is agreed in writing by Vapour Flow.
2. If Vapour Flow agree to change your order, we will let you know about any changes to the total cost of the order, the timing of supply, or anything else which would be necessary as a result of your requested change. Vapour Flow will always ask you to confirm in writing whether you wish to go ahead with the change.
3. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to ask us to end this Agreement (see Clause 9).

SEVERANCE
1. Each provision of these terms operates separately. If any court or relevant authority finds any provision of this Agreement unlawful, the rest will remain in full force and continue in effect.
2. If it comes to the attention of either party that any provision or part provision of this Agreement is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid, and enforceable.

DELAYS IN ENFORCING THIS CONTRACT

1. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products or Services, we can still require you to make the payment at a later date.

NOTICES
1. Any notice or other communication given to a party in connection with this Agreement shall be in writing, and shall be:
  1. Delivered either by hand, by pre-paid first-class post, or by other next working day delivery service, at the receiving party’s postal address provided in this Agreement unless otherwise stated; or
  2. Sent by email to the email address specified in writing by Vapour Flow as being a suitable address for service.
2. Any notice or communication shall be deemed to have been received:
  1. If delivered by hand, at the time the notice is left at the proper address.
  2. If sent by pre-paid first-class post, or by other next working day delivery service, at 9am on the second Business Day after posting.
  3. If sent by email, at the time of the transmission, or if this time falls outside business hours in the place of receipt, when business hours resume.
3. This clause does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other method of dispute resolution.

GOVERNING LAW AND JURISDICTION
1. Whether you are a consumer or business customer, this Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), shall be governed by and construed in accordance with the law of England. We both agree that the courts of England will have exclusive jurisdiction.

ALTERNATIVE DISPUTE RESOLUTION
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.
2. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You will not be charged for making a complaint and, if you are not satisfied with the outcome, you can still bring legal proceedings.

BY PLACING AN ORDER WITH US, OR BY USING OUR SERVICE, YOU AGREE TO THESE TERMS

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BUSINESS TERMS AND CONDITIONS ______________________________________________________________________________

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BUSINESS TERMS AND CONDITIONS
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