This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website or available at our service centre to you. These Terms do not apply to suspension servicing and tuning services or any other services that we provide to you. Our Fox Servicing Terms and Conditions apply to such services.

We sell Products at our service centre to consumers and businesses and we sell Products on our site to consumers, businesses and any person, firm or company (acting in the course of business) who we have accepted as a trade account holder (Trader). Traders are business customers, and will either be appointed as (a) non-credit account holders, who may order Products from our site and shall pay for such Products before we deliver the Products (Non-Credit Traders); or (b) credit account holders, who may order Products from our site and shall pay for such Products after we deliver the Products (Credit Account Traders).

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website or purchasing any Products when visiting our service centre. Please note that before placing an order on our site or via telephone you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms for future reference. If you are a consumer, after you submit your order on our site, we will confirm by email the key information which is required to be provided to you.

Please note that certain terms in these Terms apply only to customers who are consumers or only to customers who are businesses or only to customers who are Traders. Where a term applies only to consumers or only to businesses or only to Traders, this is clearly stated. Customers who are Traders are set out above. You are a business customer if you are buying our Products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. You are a consumer customer if you are buying our products wholly or mainly for your own personal and private use, and you are not a business customer.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order or purchase Products, please check these Terms. These Terms were most recently updated on 21/10/2022. These Terms, and any Contract between us, are only in the English language.

 

1. Information about us.
   1. We operate the website at www.silverfish-uk.com (our site). We are Silverfish UK Limited a company registered in England and Wales with company number 04075057 whose registered office is at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY. Our VAT number is 723 5780 29.
   2. Our service centre, where certain Products can be purchased by you, is located at FOX Service Centre, 2 RBF Business Centre, Pontymister Industrial Estate, Risca, Newport, NP11 6NP.

 

2. Our Products
   1. The images of the Products on our site are for illustrative purposes only. The packaging of the Products may vary from that shown on images on our site.
   2. Technical specifications are for guidance only and cannot be guaranteed to be accurate.
   3. All Products and offers shown on our site are subject to availability and while stocks last. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
   4. Please note that some Product ranges may only be purchased by Traders from our site. If you are a consumer or a normal business customer, you will be able to view our entire Product range but will only be able to select and order certain Products from our site.

 

3. How we use your personal information
   1. We are committed to protecting and respecting your privacy and complying with applicable data protection legislation. 
   2. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

4. Terms specific to consumer customers
   1. If you are a consumer, you may only purchase Products from our site or from our service centre if you are at least 18 years old and located within the United Kingdom or the Republic of Ireland.
   2. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements made by our duly authorised agents, make sure you ask for any variations from these Terms to be confirmed in writing by us.
   3. If you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to our Products. Nothing in these terms will affect your legal rights.

 

 

5. Terms specific to business customers
   1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products from our service centre, use our site to purchase Products or on whose behalf you telephone us to purchase products and are located within the United Kingdom, the Republic of Ireland, Germany, Austria, Switzerland, Belgium, the Netherlands or Luxembourg.
   2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

6. Terms specific to Traders
   1. Traders will be issued with a unique trade account username and password and must use these details to login to our site before placing an order on our site. Where Traders are placing an order via telephone, Traders will be asked to confirm their company name or account details, before the order can be processed.
   2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
   3. If you are a Trader, we will inform you of the recommended retail price (RRP) which applies to the territories in which you sell the Products and you agree to display this RRP on any website you use to promote and sell the Products.  For the avoidance of doubt, nothing in this clause 6.3 imposes an obligation on you to sell at the RRP and you shall have the discretion to apply any discount or deduction to the RRP or sell the Products at any price you choose. You acknowledge and agree that any breach of this clause 6.3 shall constitute material breach for the purposes of clause 16.4.m.  

 

7. How the Contract is formed between you and us
   1. Our order process on our site allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
   2. We will confirm our acceptance of your order from our site or via telephone by sending you an e-mail that confirms that your order for the Products has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
   3. If we are unable to supply you with the Products, for example because the Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

8. Our right to vary these terms
   1. We may revise these Terms from time to time if there are changes in how we accept payment from you or to reflect changes to relevant laws and regulatory requirements or to reflect minor technical adjustments and improvements to the Products.
   2. We may also revise these Terms from time to time for reasons other than as set out in clause 8.1 above. Where we have revised these Terms, we give you notice of this by stating the date on which these Terms were last amended at the top of these Terms.
   3. If you are a consumer and we have entered a Contract with you and before the Contract is completed, we revise these Terms for a reason other than as set out in clause 8.1 above, we will notify you and you can contact us to end the Contract before the change takes effect and receive a refund for any Products you have paid for in advance but will not receive. 
   4. Every time you order or purchase Products from us, the Terms in force at that time will apply to the Contract between you and us.

 

9. Your cancellation and refund rights if you are a consumer
   1. If you are a consumer, you may have a right to end the Contract and receive a refund:
      1. if the Products are faulty or mis-described (see clause 4);
      2. if we have told you about an error in the price and you have decided not to proceed (see clause 13.6);
      3. if we have revised the terms of the Contract under clause 8.3;
      4. where the performance of our obligations is delayed, and this delay is likely to be substantial (see clause 12.3 and 20.2);
      5. where we have transferred our rights and/or obligations under the Contract to another organisation and you are unhappy with this (see clause 22.1);
      6. if you have a legal right to end the Contract because of something we have done wrong; or
      7. if you have a right to cancel the Contract within the cancellation period (see clauses 9.2 to 9.6). 
   2. If you are a consumer, and you have not purchased Products from our service centre, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your right to cancel is available from your local Citizens' Advice Bureau. If you are a business customer or a Trader this right to cancel does not apply.  
   3. The cancellation period will expire 14 days after the day on which we complete, or our carrier completes delivery of the Products to you. If the Products are for regular delivery (for example, a subscription), you can only cancel after the first delivery. If the Products are split into several deliveries over different days, the cancellation period runs from the day after the last delivery.  
   4. To exercise the right to cancel a Contract under clause 9.2, please complete the online return form  accessible on our site www.silverfish-uk.com/contentpage/returns. Alternatively, you may call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY in each case specifying details of the Products that you bought, when your ordered or received them and your name and address. We suggest that you keep a copy of your notification for your records.  You may also complete the model cancellation form set out in the Schedule to these Terms and email it to us at sales@silverfish-uk.com or return it to us via post to Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY, but this is not obligatory. 
   5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
   6. The right to cancel the Contract under clause 9.2 does not apply to Products:
      1. sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      2. that are made to your specification or are clearly personalised; or
      3. which become mixed inseparably with other items after their delivery.
   7. To exercise the right to cancel a Contract for any reason other than your right to cancel the Contract within the cancellation period as set out in clauses 9.2 to 9.6, where you have received Products from us, please complete the online return form accessible on our site www.silverfish-uk.com/contentpage/returns. Where you have not received Products from us or where you purchase Products from our service centre, please call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY to cancel the Contract, in each case specifying details of the Products that you bought, when your ordered or purchased them and your name and address. We suggest that you keep a copy of your notification for your records. 
   8. Subject to clause 9.9, if you cancel the Contract, you will receive a full refund of the price you paid for the Products and any standard delivery charges charged by us to you. We do not refund any extra charges that you have paid for express delivery or delivery at a particular time. We will process the refund due to you as soon as possible, and if you are cancelling the Contract under clause 9.2, not later than:
      1. 14 days after the day we receive back any Products supplied;
      2. (if earlier) 14 days after the day you provide evidence that you have sent the Products back to us; or
      3. if no Products were supplied, 14 days after the day on which we are informed about your decision to cancel the Contract. 
   9. We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you (e.g. handling them in a way which would not be permitted in a shop).   
   10. We will make the refund using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Products), unless we have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the Products back or until you have supplied evidence of having sent back the Products, whichever is the earliest. 
   11. Subject to clause 9.9, if you have returned the Products to us because they are faulty or mis-described, we will refund the price of  such Product(s) in full, any applicable delivery charges, and any reasonable costs you incur in returning the item.
   12. If the Products were delivered to you or you purchased them from our service centre:
       1. you must return the Products to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY (together with the original packaging). You must either return the Products by post or (if they are not suitable for posting) allow us to collect them from you. You must contact us as soon as reasonably practicable and arrange a date and time for us to collect the Products from you.  You must ensure that the Products, together with the original packaging, and all items and spare parts delivered with the Product are available for collection on the agreed collection date. If you are returning the Products by post, you must also ensure that you keep a receipt or other evidence from the delivery service that proves that you have sent the Products and when you sent them, as if you do not do this and we do not receive the Products at all or within a reasonable time, we will not be able to refund you;
       2. when exercising your rights to cancel the Contract in accordance with clause 9.2, you must return the Products to us within 14 days of your telling us that you wish to cancel the Contract.
       3. unless the Products are faulty or mis-described, you will have to bear the direct costs of returning the Products. The costs of collection will be the same as our charges for standard delivery;
       4. where we arrange the return carriage or collection of the Products, any damage or loss caused during transit is at our risk. Where you arrange the return, including if you return the Products back to us by post, please make sure to insure the full replacement value of the Products, as any damage or loss causes during transit as at your risk. You must ensure that the packing used for shipping is adequate to protect the Products from damage during the return transit to us; and
       5. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
   13. Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Order Confirmation.
   14. As a consumer, you will always have legal rights in relation to Products that are faulty or mis-described. These legal rights (as summarised in clause 4) are not affected by the returns policy in this clause 9. Advice about your legal rights is available from your local Citizens' Advice Bureau. Please also refer to clause 15 for further information in relation to faulty Products.

 

10. Your rights if you are a business
    1. If you are a business, you may have a right to end the Contract and receive a refund if you have a legal right to end the Contract because of something we have done wrong.
    2. To exercise the right to cancel a Contract under clause 10.1, please call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY in each case specifying details of the Products that you bought, when you ordered or purchased them and your name and address. We suggest that you keep a copy of your notification for your records. 
    3. Subject to clause 10.4, if you cancel the Contract, you will receive a full refund of the price you paid for the Products and any standard delivery charges charged by us to you. We do not refund any extra charges that you have paid for express delivery or delivery at a particular time. We will process the refund due to you as soon as possible.
    4. We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you (e.g. handling them in a way which would not be permitted in a shop).
    5. Subject to clause 10.4, if you have returned the Products to us because they are faulty or mis-described, we will refund the price of such Product(s) in full, any applicable delivery charges, and any reasonable costs you incur in returning the item.
    6. If Products were delivered to you or you purchased them from our service centre:
       1. you must return the Products to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY (together with the original packaging). You must either return the Products by post or (if they are not suitable for posting) allow us to collect them from you. You must contact us as soon as reasonably practicable and arrange a date and time for us to collect the Products from you.  You must ensure that the Products, together with the original packaging, and all items and spare parts delivered with the Products are available for collection on the agreed collection date. If you are returning the Products by post, you must also ensure that you keep a receipt or other evidence from the delivery service that proves that you have sent the Products and when you sent them, as if you do not do this and we do not receive the Products at all or within a reasonable time, we will not be able to refund you;
       2. unless the Products are faulty or mis-described, you will have to bear the direct costs of returning the Products. The costs of collection will be the same as our charges for standard delivery;
       3. where we arrange the return carriage or collection of the Products, any damage or loss caused during transit is at our risk. Where you arrange the return, including if you return the Products back to us by post, please make sure to insure the full replacement value of the Products, as any damage or loss causes during transit as at your risk. You must ensure that the packing used for shipping is adequate to protect the Products from damage during the return transit to us.
       4. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    7. We will make the refund using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Products), unless we have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the Products back or until you have supplied evidence of having sent back the Products, whichever is the earliest.
    8. Where you have ordered Products from our site or via telephone, you agree to review the type and quantity of the Products against the delivery note immediately on delivery. In the event that Products appear to have been damaged in transit, you shall immediately notify the carrier and also notify us within 3 business days of delivery.
    9. The Products are deemed to be accepted by you if we do not receive any notification in accordance with clause 10.8.
    10. You may not at any time return any Products which have been ordered or purchased due to your error, unless otherwise agreed in writing by us or in the event that we issue a return authorisation number.
    11. Except for faulty or misdescribed Products, all permitted returns may be subject to a restocking fee equivalent to 20% of the total invoiced price for the Products.
    12. Any Products returned to us must be accompanied by a return authorisation number which can be obtained by completing our online returns form which can be accessed at www.silverfish-uk.com/Returns. We will not accept any Products which are returned without a valid returns authorisation number.
    13. Please refer to clause 15 for further information in relation to faulty Products.

 

 

11.  Our goodwill guarantee 
    1. In addition to your refund rights and the returns provisions in clauses 9 and 10 above, whether you are a consumer or a business, we, Silverfish UK Limited of Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY, offer our customers in the UK, Ireland, Germany, Austria, Switzerland, Belgium, the Netherlands and Luxembourg a goodwill guarantee for our Products. If for any reason you are not completely satisfied with your Products, then you may return them to us within 30 days from the date on which you received the Products, and we will provide you with either an exchange or full refund.
    2. To return a product to us under this clause, please follow the steps set out on our Returns & Exchanges page www.silverfish-uk.com/contentpage/returns.
    3. We recommend that you take your package to a post office and send it via recorded delivery (or similar), as we cannot accept responsibility for any loss or damage that may occur during transit of your package to us.
    4. Unless the Products are faulty or mis-described, you will have to bear the direct costs of returning the Products.
    5. Returned Products cannot be dropped back at our warehouse or offices. All returns must be sent via post.
    6. We can only offer exchanges for like-for-like products in a different colour or size.
    7. We cannot guarantee that a replacement product will be in stock when your return is processed, and therefore we recommend that you place a new order with us and return the original Product for a refund.
    8. It normally takes us about 10 working days to process a return under this clause 11 once the returned items have been received into our warehouse.
    9. Upon inspection of the returned product, subject to clauses 11.6, 11.7 and 11.10, we will issue a refund to you or process an exchange for you.
    10. In the unlikely event that a Product is returned to us in unsuitable condition, we reserve the right not to refund the item or process an exchange and to send the Product back to you at your expense.
    11. A return confirmation email will be sent to you once your return has been processed.
    12. If you are a consumer, the goodwill guarantee set out in this clause 11 is in addition to and does not affect your legal rights, as summarised at clause 4.

 

12. Delivery
    1. On placing an order on our site or via telephone, you will be asked to select a delivery option with a corresponding estimated delivery time and delivery cost. Details of our delivery options, times and costs can be found on our Delivery Information page. 
    2. We aim to get all orders dispatched within 24 hours of the Order Confirmation. Once your order has been packed and dispatched from our warehouse, you will receive an email confirmation and if the parcel is sent via courier, any tracking details will be sent to you via an email once your parcel has been processed.  
    3. Your order will be fulfilled by the estimated delivery time selected by you when placing an order which shall be within 30 days of the date of the Order Confirmation, unless there is an Event Outside Our Control (as defined at clause 20). If we are unable to meet the estimated delivery time because of an Event Outside Our Control, we will contact you as soon as reasonably possible to notify you with a revised estimated delivery time and will take reasonable steps to prevent or minimise the effect of the delay. As long as we comply with these obligations, we will not compensate you for the delay. If you are a consumer, where the delay is likely to be substantial, you may contact us to end the Contract and receive a refund for any products you have paid for but not received.
    4. Any dates and/or times specified for delivery are estimates only and time for delivery shall not be made of the essence by notice. 
    5. In the case of customers who are consumers or businesses, if no one is available at your address to take delivery, our carrier may leave you a note, in which case, please contact our carrier to rearrange delivery. If our carrier returns the Products to us as no one was available at your address to take delivery, we will contact you to rearrange delivery. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Contract in accordance with clause 16.1.
    6. The Products will be your responsibility and risk in the Products will pass to you on the completion by us or our carrier of delivery to you at the address which you gave to us or where you have purchased Products from our service centre, once you have completed your purchase.
    7. If you are a consumer or business (excluding Traders), you own the Products once we have received payment in full, including all applicable delivery charges.
    8. If you are a Trader, title to the Products shall not pass to you until (whichever is earlier):
       1. we have received payment in full (in cash or cleared funds) for the Products and all other sums that are, or that become, due to us from you for the Products or on any account that you have with us, in which case title to the Products shall pass at the time of payment of all such sums; or
       2. you resell those Products, in which case title to those Products shall pass to you at the time specified in clause 12.9.  For the avoidance of doubt, and notwithstanding the passing of title, the Trader shall at all times be responsible for payment in full for the Products. 
    9. If you are a Trader, until title ownership has passed to you, you shall:
       1. hold the Products on a fiduciary basis as our bailee;
       2. store the Products separately from all other Products held by you;
       3. not remove, deface or obscure any identifying mark or packaging on the Products;
       4. maintain the Products in satisfactory condition and keep them insured;
       5. notify us immediately if it becomes subject to any of the events listed in clause 16.4; and
       6. give us such information relating to the Products and your ongoing financial position as we may require,
    10. Subject to clause 12.11, the Trader may resell or use Products in the ordinary course of its business (but not otherwise) before we receive payment for the Products. However, if the Trader resells the Products before that time:
        1. it does so as principal and not as our agent; and
        2. title to those Products shall pass from us to the Trader immediately before the time at which resale by the Trader occurs.
    11. At any time before title to the Products passes to a Trader,  we may:
        1. by notice in writing terminate the Trader’s right under clause 12.10 to resell the Products or use them in the ordinary course of its business; and
        2. require the Trader to deliver up all Products in its possession that  have not been resold, or irrevocably incorporated into another product and if the Trader fails to do so promptly, enter any premises of the Trader or any third party where the Products are stored in order to recover them. 
    12. If you are a Trader and fail to take delivery or we are unable to deliver the Products due to your fault:
        1. risk in the Products shall pass to you;
        2. we may store the Products until delivery takes place, and charge you for all the related costs and expenses (including insurance); and
        3. if, after 10 business days of the date on which we notify you that the Products were ready for delivery, you have not accepted delivery, we may resell or otherwise dispose of the Products.
    13. We may deliver Products to Traders by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle a Trader to cancel any other instalment.

 

13. Price of products and delivery charges
    1. The prices of the Products will be as quoted on our site from time to time or where you are purchasing Products from our service centre, the price quoted at our service centre. We take all reasonable care to ensure that the prices are correct. However, please see clause 13.6 for what happens if you are a consumer and we discover an error. Please note that different prices will apply depending on whether you are a consumer, business or Trader. Any discount that we may offer you will be awarded at our sole discretion and may be varied or withdrawn by us immediately at any time at our discretion.
    2. Prices for our Products may change from time to time which may affect any order that you have made from our site which we have confirmed within an Order Confirmation.  In these circumstances, if you are a consumer, we will inform you in writing and we will give you the option of continuing to purchase the Product at the new price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and you will receive a refund for any Products you have paid for but not received.
    3. If you are a consumer, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If you are a business customer (including Traders), the price of the Products excludes VAT.
    4. However, if the rate of VAT changes between the date of your order from our site and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    5. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page.
    6. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If you are a consumer and we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and you will receive a refund for any Products you have paid for but not received. Please note that regardless of whether you are a consumer or a business, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price and if we have accepted and processed your order, we may end the Contract, refund any sums you have paid and require the return of any Products provided to you.

 

14. How to pay 
    1. If you are a consumer, business or Non-Credit Trader ordering Products from our site:
       1. you can only pay for Products using a debit card, credit card or PayPal (consumer only); and
       2. payment for the Products and all applicable delivery charges is in advance. We will charge your debit card, credit card or PayPal (consumer only) at the final stage of submitting your order.
    2. If you are purchasing Products at our service centre, you can only pay for Products using a debit card, credit card or cash and payment for the Products will be taken at the time of purchase.
    3. If you are a Credit Account Trader ordering Products from our site:
       1. we will issue you with an invoice at any time after delivery has taken place;
       2. payment for the Products and all applicable delivery charges must be paid in full and in cleared funds within 30 business days of the date of the invoice, unless otherwise confirmed in writing or email by us;
       3. if payment is made within 7 business days of the date of the invoice, we may, at our absolute discretion, discount the total price of the Products set out in the relevant invoice by 5% or such other amount that we agree in writing or email; and
       4. if you fail to make any payment due to us by the due date for payment (due date), then you shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

 

15. Manufacturer guarantees 
    1. Some of the Products we sell may come with a manufacturer's warranty. For details of the applicable terms and conditions to such manufacturer’s warranties, please refer to the relevant manufacturer's warranty on their website.
    2. If you are a consumer, a manufacturer's warranty is in addition to and does not affect your legal rights as summarised at clause 4.
    3. Apart from your legal rights (which in the case of consumer customer are as summarised at clause 4) and our goodwill guarantee set out at clause 11, we do not offer any warranty or guarantee in relation to the Products. We do however assess warranty claims for faulty Products on behalf of manufacturers and we provide assistance to you in making a claim to the manufacturer under their warranty, as referred to in clause 15.1 above.
    4. In order to make a claim under the manufacturer’s warranty for a faulty Product, please follow the instructions on the Warranty page of our website www.silverfish-uk.com/Feedback/Warranty-Claim-Registration. If you are a consumer customer, please follow the instructions set out for consumer warranty claims and if you are a business or a Trader, and you either have a claim of your own or you have received a claim from one of your customers, please follow the instructions set out for dealer warranty claims. If you are a consumer and you purchased Fox Products directly from us, please use the specific Fox Warranty Claims Form www.silverfish-uk.com/Feedback/Fox-Warranty-Claim-Registration. If you are a business or a Trader, in relation to Knog Lights Products, where you have received a claim from one of your customers, please refer to the specific Knog Lights Warranty Claims Process www.silverfish-uk.com/contentpage/knog-warranty-process and use the specific Knog Lights Warranty Claims Form.
    5. We will not be able to assist you with your warranty claim to the manufacturer if you do not have a proof of purchase. Original proof of purchase documents which are sent to us will not be returned to you.
    6. Please ensure that you comply with the terms and conditions of the relevant manufacturer’s warranty. The success of your warranty claim is subject to such terms and conditions.
    7. Please also ensure that you comply with all other applicable provisions within these Terms.
    8. In relation to the Knog Lights Warranty Claims Process, the terms and conditions applicable to that process as set out on the Knog Lights Warranty Claims page on our website www.silverfish-uk.com/contentpage/knog-warranty-process are incorporated by reference into these terms and conditions. 

 

16. Our rights to end the Contract
    1. We can end the Contract and we may claim any compensation due to us if:
       1. you do not make any payment to us when it is due and you still do not make payment within 10 days of our reminding you that payment is due;
       2. you do not, within a reasonable time, to allow us to deliver the product to you; or
       3. there has been an obvious or unmistakeable pricing error in an order which we have accepted and processed (see clause 13.6).
    2. If we end the Contract in the situations set out in clause 16.1 we will refund any money you have paid in advance for Services and Parts we have not provided but, in the case of our ending the Contract under clauses 16.1.a and 16.1.b, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
    3. If a Trader becomes subject to any of the events listed in clause 16.4, then, without limiting any other right or remedy available, we may cancel or suspend all further deliveries without incurring any liability to the Trader, and all outstanding sums in respect of Products delivered to the Trader shall become immediately due.
    4. We may terminate the Contract immediately on giving written notice if:
       1. a Trader suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
       2. a Trader commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
       3. a Trader applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
       4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of a Trader (being a company) other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the Trader with one or more other companies or the solvent reconstruction of the Trader;
       5. an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over a Trader (being a company, partnership or limited liability partnership);
       6. the holder of a qualifying floating charge over the assets of a Trader (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
       7. a person becomes entitled to appoint a receiver over all or any of the assets of a Trader or a receiver is appointed over all or any of the assets of a Trader;
       8. a creditor or encumbrancer of a Trader attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of a Trader's assets and such attachment or process is not discharged within 14 days;
       1. any event occurs, or proceeding is taken, with respect to a Trader in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 16.4.a to clause 16.4.h (inclusive);
       10. a Trader suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
       11. a Trader’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
       50. a Trader fails to pay any amount due under the Contract on the due date for payment; or
       1000. a Trader commits any material breach of any term of the Contract and (in the case of a breach capable of being remedied) shall have failed, within 14 business days after the receipt of the request in writing or email from us to remedy the breach.
    5. Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.

 

17. Our liability if you are a business or a Trader
    1. If you are a normal business and not a Trader, we only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
    2. Nothing in these Terms shall limit or exclude 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;
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or section 2 of the Supply of Goods and Services Act 1982; or
       4. defective products under the Consumer Protection Act 1987.
    3. Subject to clause 17.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
    4. Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the Products under such Contract.
    5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

18. Our liability if you are a consumer
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was contemplated by you and us at the time we entered into the Contract.
    2. We are not liable for business losses. We only supply the Products for private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit 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;
       2. fraud or fraudulent misrepresentation;
       3. breach of your legal rights in relation to the Products as summarised at clause 4; and
       4. defective products under the Consumer Protection Act 1987.

 

19. Restrictions for traders
    1. Traders are permitted to sell the Products to its customers located within its own territory. For example, Traders located within the United Kingdom may only sell the Products to customers located within the United Kingdom. The Trader agrees that it shall refrain from making active sales of the Products outside of its own territory.
    2. In order to maintain the quality of the trade marks used in connection with the Products, Traders further agree that it shall not actively offer, or advertise for sale, the Products on Amazon, eBay or any other online auction type website unless otherwise agreed in writing.
    3. No right to use our trade mark or trade name is granted under the Contract.

 

20. Events outside our control
    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 an Event Outside Our Control, which means any act or event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you and will take reasonable steps to prevent or minimise the effect of the delay. As long as we comply with these notification obligations, we will not compensate you for the delay. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. If you are a consumer and the delay is likely to be substantial, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

 

21. Communications between us
    1. When we refer, in these Terms, to "in writing" this will include e-mail.
    2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to info@silverfish-uk.com or by pre-paid post to us at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 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.

 

22. Other important terms
    1. We may transfer our rights and/or obligations under the Contract to another organisation. If you are a consumer, we will inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are a consumer and you are unhappy with the transfer, you can contact us at sales@silverfish-uk.com to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. These Terms and the Contract are governed by English law. You and we irrevocably agree to submit all disputes arising out of or in connection with these Terms or the Contract to the exclusive jurisdiction of the English courts.

 

 

Schedule

 

Model Cancellation Form 

To:         Silverfish UK Limited

               Units 3B&3C Woodacre Court

Saltash Parkway Industrial Estate

Burraton Road

Saltash

Cornwall

PL12 6LY

01752 843882

info@silverfish-uk.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods/for the supply of the following service [*],

 

 

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate