• • What these terms cover. These are the terms and conditions on which we will supply to you goods that you order via our website www.nextbase.co.uk. If you do not accept these terms and conditions, please do not order any goods from our website.
  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you have any questions about them, please contact us to discuss before you submit your order.
  • Please keep a copy for your records. You should print a copy of these terms and conditions or save them to your computer for future reference.
  • We update our terms and conditions from time to time. The terms and conditions applicable to your order will be the terms and conditions displayed on our website when you submit your order. Please check the terms and conditions displayed on our website every time you wish to order goods to ensure you understand the terms and conditions which will apply to that order.
  • Are you a business customer or a consumer? In some areas of these terms you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• • • a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
    • any phrase introduced by 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 preceding those terms.
    • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

• • How we may contact you.If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or which you provide to us from time to time.
  • Voluntary Manufacturers Warranty.
    • We provide a voluntary manufacturers warranty on many products in our range.
    • Our voluntary manufacturers warranties provide additional and alternative rights and remedies to those contained in these terms and conditions and any legal rights that you may have.
    • For details of the voluntary manufacturers Warranties offered by us, please see our website.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

• • Age restriction. If you are purchasing as an individual, you may only purchase goods from our website if you are 18 years of age or older.
  • How we will accept your order. Your order constitutes an offer by you to purchase the relevant goods in accordance with these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • If we cannot accept or do not wish to accept your order. If we are unable to accept your order or do not wish to accept your order, we will inform you of this in writing and will not charge you for the product. For example, this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  • We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside of the UK.

• • Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images.
  • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

• • If you wish to make a change to an order you have submitted please contact us.
  • We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  • If any changes of the type described in clause 5.2 are required, we will not implement the changes unless you confirm to us that you wish to proceed on the basis of the relevant changes.

• • How long do consumers have to change their minds? If you are a consumer who has bought goods you have 14 days after the day you (or someone you nominate) receives the goods to change your mind about the goods, unless your order is split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery in respect of the relevant order to change your mind about the goods.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.3), you can still end the contract before it is completed, but you may have to pay us compensation – we will let you know if this is the case and how much compensation we consider to be due. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided. Refunds will be processed subject to and in accordance with our Returns policy

• • Tell us you want to end the contract
    • To end the contract with us, please contacting us by using one of the methods set out in clause 2.2 above.
    • If you are a consumer, you can also notify us that you wish to end the contract by printing, completing and sending to us the model cancellation form (which can be found at the end of these terms and conditions), but you do not have to use it.
  • Returning goods after ending the contract
    • If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
    • For details of our returns process, please see our Returns policy

• • We may end the contract if you break it. We may end the contract at any time by writing to you if:
    • you do not make any payment to us when it is due and you still do not make payment within 5 (five) days of us reminding you that payment is due;
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, the delivery address.
    • you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us;
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will let you know if this is the case, and the amount that we consider is due. Refunds will be processed subject to and in accordance with our Returns policy.
  • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for goods which will not be provided. Refunds will be processed subject to and in accordance with our Returns policy.

• • How to tell us about problems. If you have any questions or complaints about the product, please contact us by using one of the methods set out in clause 2.2 above.

• We shall not be liable for the goods’ failure to comply with the warranty set out in clause 1 in any of the following events:
  • You make any further use of such goods after giving notice in accordance with clause 2.1;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
  • the defect arises because of the use of non-approved accessories or components;
  • the relevant goods have been subject to any alteration or repair by you or by a third party who is not one of our authorised repairers without our prior written consent;
  • the defect arises as a result of fair wear and tear, wilful damage, misuse and abuse, accident, negligence by you or any third party, or abnormal storage or working conditions; or
  • the goods differ from any applicable specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
• If you fail to give notice of rejection in accordance with clause 2.1, you shall be deemed to have accepted the relevant goods.
• Except as provided in this clause 13 we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 1.
• The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these terms and conditions.
• These terms and conditions shall apply to any repaired or replacement goods supplied by us.
• You must return any rejected goods in accordance with our Returns Policy. Please note that goods remain at your risk until they are received by us at our returns address unless they are returned using a pre-paid label supplied by us, in which case the goods will be at our risk from the point you provide them to our carrier.
• If we agree to refund the price of the rejected goods, your refund will be processed subject to and in accordance with our Returns policy.
• Any applicable voluntary manufacturer’s Warranty provided by us gives you separate additional rights to the warranty provided in clause 13.1.

• • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • 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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the goods where you are a consumer.
  • We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

• • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another person or organisation. We will always tell you in writing if this happens and if you are a consumer will be ensure that the transfer will not affect your rights under the contract.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any applicable voluntary manufacturers warranty provided by us without our written agreement and without restriction.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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 goods, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
  • Alternative dispute resolution if you are a consumer. Under EU Regulations we are required to provide consumers with an electronic link to the Online Dispute Resolution (ODR) platform. You can submit a complaint via the Online Dispute Resolution platform, which can be found at https://webgate.ec.europa.eu/odr/ main/index.cfm?event=main.home.chooseLanguage.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [Portable Multimedia Limited, Nextbase'Floor 6, 230 Blackfriars Road, London, SE1 8NW

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

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

© Crown copyright 2013.

Terms and conditions of sale : updated 22.10.19