Allens Performance E-commerce terms and conditions


Terms and conditions

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, You may not use or access this Website. When we have discussed and edited this version of the Conditions, I will use a search and replace to ensure each definition is correctly used in the text – i.e. where the word is used to mean what is defined as opposed to conversational text (using correct Case to indicate it is a term which means what it says in the Definitions.

Definitions Not all used at present but might be.

In this agreement:

“Carrier”: means any person or business contracted by Us to carry ###

“Conditions”: means these terms and conditions and the Special

Conditions:

“Content”: means any content in any form published on Our Website by Us #####

“Cookies”: means small text files which the Website places on Your computer to store information about Your shopping session and to identify Your computer

“Our”: refers to Allens Performance Limited

“Our Warehouse”: means the place where we keep Our own stock

“Product”: means a product displayed for sale on the Website

“Product Description”: means that part of the Website where certain terms and conditions in respect of the individual Product are provided

"Post": means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, “ “ “ "
“Special Conditions”: means the terms and conditions in the Product

Description

Supplier(s) means Our supplier(s) of items used in the Products We make available to You on the Website

“Users” means the users of the Website collectively

“User Information” Information we may collect from You such as browser type and other information (see Section 0)

“Personal Information” means the details provided by You on registration

“We/Us” means Allens Performance Limited

“Website” means the website located at
www.allensperformance.co.uk or any URL which may replace it

“You/Your” means or refers to a user of this Website

“My Account” means Your personal customer account which You established by registering with the Website.

Use of the Website

Access

You are provided with access to this Website in accordance with these Conditions. Any orders placed by You must be strictly in accordance with these Conditions.

Creating your My Account (registration) and placing orders

You warrant that:

• The Personal Information which You are required to provide when You register as a customer or place an online order is true, accurate, current and complete in all respects; and

• You will notify Us immediately of any changes to Your Personal Information by editing Your details in My Account, contacting Us by e-mail, or calling Us on 01949 836733 (+44 1949 836733 from outside the UK) during opening hours which are published on the Website.

To update Your Personal Information online, log into your My Account, scroll down to the 'Your details' section, and you will see that there are options to update your contact details, address, payment details, promotional preferences, marketing emails / newsletter preferences, and changing your password. Requirement

If you have forgotten your password, simply enter the email address you registered with in the ‘forgotten password’ field of the login screen. We will then send you an email containing instructions on how to reset your password. Do ensure you check your spam/junk folder in case your spam filter has blocked our email. Requirement

You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
Indemnity

You agree fully to indemnify, defend and hold Us, and Our officers, directors, employees, agents and Suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using
Your My Account and/or Your Personal Information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or

• change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If

You do not agree to any change to the Conditions then You must immediately stop using the Website.

Third party links

To provide increased value to Our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Recommendations

When You use the Website, We may, at Our discretion, offer You recommendations, showing products We think You might like and could perhaps miss when You are browsing the site.

These may be based on Your past purchases, top sellers, ratings and recently-viewed products.

Privacy and Cookies

We will treat all Your Personal Information as confidential (although We reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

• When You shop on this Website, We will ask You to input and will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
Amend to reflect credit card tokenisation etc.

• We may also collect, and Our third party providers of advertisements and Content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain types like .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of the Website that were viewed during Your visit, the advertisements You clicked on, and any search terms that You entered on the Website ("User Information").

• We may collect this information even if You do not register with Us.

• You should be aware that this site is being monitored and may capture information about Your visit that will help Us improve the quality of Our service, or be used to present You with Our products which are relevant to Your browsing history when You visit other websites. Find out more here.
We confirm that any Personal Information which You provide to Us (or which is available on public registers) and any User Information from which We can identify You, is held in accordance with the with the current Data Protection Act. We may use Your information only for the following purposes:

• Processing Your orders;

• For statistical or survey purposes to improve this Website and its services to You;

• To serve Website Content and advertisements to You;

• To administer this Website;

• To contact You about leaving a review on a Product once Your order has been completed;
You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003

• If You consent, to notify You of products or special offers that may be of interest to You;
When You create My Account before or while ordering online You will be given the option to receive information from Us by post, e-mail or telephone, about products, promotions or special offers which We feel may be of interest to You;

In the event that You do not wish to be contacted for such purposes, ensure that You tick the appropriate box as You go through the registration process. You may unsubscribe from Our contact list at any time in My Account and changing Your preferences, replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing Us at sales@allensperformance.co.uk or calling Us on 01949 836733 (+44 1949 836733 from outside the UK) during opening hours which are published on the Website.

• Your Personal Information may be disclosed to reputable third parties who will help process Your order. We require all such third parties to treat Your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release Your Personal Information to any company outside of Allens Performance Limited for their mailing or marketing purposes;

• You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide Your Personal Information and /or User Information, We are entitled do so

• When You register as a member of the Website You will be given a My Account and You will be included in Our newsletter list to receive newsletters from time to time. These may include, for example, helpful technical information, new products, notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list either while registering or afterwards in My Account and changing Your preferences, replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing Us at sales@allensperformance.co.uk or calling Us on 01949 836733 (+44 1949 836733 from outside the UK) during opening hours which are published on the Website.

We use Cookies to keep track of Your current shopping session to personalise Your experience and so that You may retrieve Your shopping basket at any time; if You do not accept Cookies, You will be unable to use this Website for shopping purposes, only for browsing and research. Read more information on selecting or deselecting 'Cookies'.

Do not track (DNT) is a feature offered by some browsers, with some newer browsers offering it as default. If You enable it, it sends a signal to websites to request that Your browsing isn't tracked, for example by third party ad or social networks, or analytic companies. You can opt out of tracking and analytics on this Website by changing Your settings in

Our Managing Cookies section here

At present no industry-wide uniform standard has been agreed and adopted to determine how DNT requests should be managed, so the Website doesn’t currently respond to DNT requests. Until that standard is established, We will continue to review DNT and other new technologies, but won't respond to DNT requests.

Please check back frequently to see any updates or changes to Our privacy policy. Questions regarding this Policy should be directed in writing to Us.

Description of Products

Each Product purchased is sold subject to its Product Description which sets out additional Special Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order acceptance policy.
Ordering, cancelling and returning products

Orders

We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.

Placing an order

You will be guided through the process of placing an order by a series of simple instructions on the Website. The technical steps required to create the contract between You and Us are as follows:

• You place the order for Your products on the Website by pressing the confirm order button at the end of the checkout process.

• You will need JavaScript enabled on Your computer to buy products and check out. Please enable JavaScript in Your browser, then refresh Your browser to continue. Alternatively, call or email Us to order

• We will send You an order confirmation email detailing the products You have ordered. This is not an order acceptance

• For items being delivered to You (as opposed to Click & collect), when Your Product is shipped from Our Warehouse We will send You a dispatch confirmation email.

• Order acceptance and the completion of the contract between You and Us will take place on the despatch to You of the Products ordered unless We have mutually agreed otherwise, or notified You that We do not accept Your order, or You have cancelled it in accordance with the instructions in Change or cancel an order

• For most products sent directly from Our Warehouse We will collect payment as Your order is being despatched; please note that, when payment is by cheque, we will await clearance of the cheque before despatching Your order

• If the Product is being delivered direct to You from a Supplier, for instance in the case of ????, You may be charged at any point between confirmation of Your order and despatch. The exact timing of this will vary according to supplier and the Product You are ordering How will you notify despatch (and thus acceptance of contract if the product goes direct from Supplier to customer?

Non-acceptance of an order may be a result of one of the following:
• The Product You ordered being unavailable from stock
• Our inability to obtain authorisation for Your payment
• The identification of a pricing or Product description error
• Your not meeting the eligibility to order criteria set out in the

Conditions

The contract will be concluded in English.

Payment security

Describe how Allens safeguards customer’s security and provides confidence.

VAT and delivery charges

All our prices include UK VAT but exclude delivery charges. Find out more about VAT receipts here.

Need to find out what Steven wants here

Prices for online shoppers and mail order

Our online prices are the same as for mail/phone orders, although occasionally you may find a lower price on the website if we are running a special online-only offer.

Do you want to do a price match? What if you do find a lower price elsewhere? If so, the text might be along the following lines:
If you do find the same product for sale at a lower price at another online competitor, and sold with the same service conditions, you can make a price match request by contacting Us by e-mail, or calling us on 01949 836733 (+44 1949 836733 from outside the UK) during Our opening hours which are published on the Website.
If our team agrees with your request, we’ll happily match the price when you buy the product from us. Or if you've already bought it within the last 28 days, we'll refund you the difference.
VAT receipts, credit notes and refunds
Do you want customers to be able to download receipts from their accounts – will you be using pdf for receipts and emailing them? potential system requirements? E.g. “To obtain a VAT receipt, sign into your account and then click on the 'View your order' or 'Obtain VAT receipt' link.”

Do you issue credit notes? - potential system requirement although simple… inverse of an invoice.

Do you have or need the facility to deduct VAT for offshore customers e.g. Channel Islands? If not, and if someone in Channel Islands asks for a refund, it would be a manual process. However, highly unlikely to be worth spending money on such a requirement – best to do it manually because rare?

Goods exported or carried personally out of the country may qualify for a tax refund. Overseas buyers whose domicile or habitual residence is outside the European Union, and intend to leave for a destination outside the EU within 3 months, or UK residents who send goods to friends and family living outside the EU, can buy tax-free. Does this have implications? what happens at the moment?
Customers buying products for delivery to a UK address will be charged UK VAT. If you are having goods delivered direct to a shipping agent in the UK but for immediate export it may be possible to refund the VAT, however you must contact us before placing an order. If you make an order without notifying us in advance, the UK VAT on your purchase will not be refunded.

Order status

Order received means your order hasn’t been processed yet

Order processing means your order could be at any point between us receiving it and despatching your goods

Despatched means your order has left us. You'll receive an email
confirming despatch. Depending on our chosen carrier, you may receive a separate email from us that will detail how to track your order when it has left the Warehouse. In the case of products such as specialist carburettors where there is a long lead time, "Despatched" means that you've been charged for your order, and you'll be notified of delivery separately Depending on what you do, might be another requirement here – a process for special items where delivery is notified separately.
Cancelled means your order has been cancelled by you or us

How to change your order

We're sorry that in most circumstances it's not possible to make changes to your order once you've placed it. [is this how you want to do it? or will you let customers change order after it is placed but before despatch? I notice that supermarkets allow you to change up to the point where they are about to pick the order]If your order has already been despatched from the Warehouse, then you’ll need to return the item following our Returns procedure. Read ‘How to return an item’ for details on how to do so.

If your order hasn’t left the Warehouse yet, we may be able to change delivery address details, remove items from your order or cancel it completely. Please contact Us on 01949 836733 (+44 1949 836733 from outside the UK) during Our opening hours which are published on the Website.

How to cancel your order

If your order has already been despatched from the Warehouse, you’ll need to return the item following our Returns procedure in the event of any unwanted products. (link to relevant part of Conditions)
There are some products which we cannot cancel, refund or exchange, including perishable and made-to-order items. Read our Refund policy below for the full list. (link to relevant part of Conditions)
If you’re an international customer, the terms may be different. Please find out more here. Need to think about how international customers will be treated in all terms and conditions – are there just slight variations or do we need a separate document for them?

Out of stock items

If the item you'd like is online but out of stock, then you can check availability by contacting Us by e-mail, or calling us on 01949 836733 (+44 1949 836733 from outside the UK) during Our opening hours which are published on the Website. If your desired product is available then you can place an order over the phone.
We continue to show out of stock products online so that you have access to the product details or so that you can buy it online at a later date once more stock has been delivered. However, if you prefer, when shopping online, you can choose to filter your product search by in-stock items only, and in some instances we're also able to offer you the option of emailing you once the item does come back into stock. Is this a requirement you want?
Missing, incomplete or damaged orders
If your order is incomplete, please bear in mind that products may be sent out from multiple locations and so arrive separately; please allow a little extra time before contacting us.
For more information, you can view your order status online by signing into your account and selecting View orders. Is this a requirement?
For damaged products, incomplete orders or despatched orders that don't arrive within the expected time period, please contact Us by e-mail, or calling us on 01949 836733 (+44 1949 836733 from outside the UK) during Our opening hours which are published on the Website. If you prefer, you can also return damaged goods to us by following our Returns procedure in the event of any unwanted products. (link to relevant part of Conditions)

Returning an item

If you've changed your mind about keeping your purchase, please fill out a returns form available on the web site here; return this, a copy of the delivery note and the item in its original condition with proof of purchase (receipted invoice, order confirmation email) and we'll exchange or refund it. Unless faulty, this should be within 14 (or is it 35?)days of receiving your order.
By original condition, we mean that you have kept original packaging and labels, and that the item is unused and undamaged.
Pre-paid return labels can be downloaded from My Account and printed yourself.
(Do you want to provide prepayment? I am not sure if it is a legal requirement to reimburse cost of returning goods that are not faulty but doesn’t have to be prepaid in any case – can require customer to pay and then refund customer if you decide to refund cost of returning goods that are not faulty is this how you want to do it? potential system requirement?)

We will send you an email confirming receipt of your returned item.

System requirement – or manual task?

If your goods are faulty or damaged when you receive them, not fit for purpose or not as described, you have the right to reject them and get a full refund if you notify Us within 30 days of receiving the goods. The returns procedure is as above except Allens will reimburse the cost of returning the goods. If You notify Us after the 30-day period, We will either repair or replace the goods at Our discretion. If a repair or replacement is not possible or circumstances make it unreasonable, we will provide a full or partial refund.
If you cannot find proof of purchase, please contact us.
We cannot offer refunds or exchanges, unless faulty or not as described, on the following items:

• Products which have been personalised for you

• Made to measure products

• Perishable goods

• Computer software that has been opened, or computer software cards that have been redeemed

• Edit these words and add any other items that cannot be returned – also give some examples.

Exchanges

We will aim to process exchanges (subject to availability) within five working days of us receiving the returned item as described above in its original condition. Please note that it can take up to 5 days for the bank to transfer the funds to you. I have suggested 5 days but what does Steven think?

Refunds

When a valid refund request is received with a returned item (as described above), we will aim to process the refund within 5 working days (please note, if you have paid originally by PayPal, refunds will take longer than this). It can take up to 5 days for the bank to transfer the funds to you. For all other returns routes, it can take up to 14 days from your returning the item/s to receiving your refund. Do we need different policy for international refunds?
We will only refund the person who originally placed and paid for the order.
Once returned, we’ll refund the person who originally placed and paid for the order. This includes items purchased during Clearance and Price Match events.
Normally, refunds are made by the method that was used to pay for

Your order.

Your purchase history

Your past online orders will be displayed if you signed in to checkout before completing your purchase. If you'd like your order history to be recorded and made available to you, it’s important to log in to the checkout stage when completing a transaction. Is Order history a requirement?

Delivery

I need to know more about what happens now and what Steven wants before drafting this – perhaps it is possible to draft a table with prices, delivery timing, whether signature required etc. options in columns?

Where do you deliver to?

Contract creation and electronic contracting

You will be guided through the process of placing an order by a series of simple instructions on the Website. The technical steps required to create the contract between You and Us are as follows:

• You place the order for Your products on the Website by pressing the confirm order button at the end of the checkout process.

• You will need JavaScript enabled on Your computer to buy products and check out. Please enable JavaScript in Your browser, then refresh Your browser to continue. Alternatively, call or email Us to order

• We will send You an order confirmation email detailing the products You have ordered. This is not an order acceptance

• For items being delivered to You (as opposed to Click & collect), when Your Product is shipped from Our Warehouse We will send You a despatch confirmation email.

• Order acceptance and the completion of the contract between You and Us will take place on the despatch to You of the Products ordered unless We have mutually agreed otherwise, or notified You that We do not accept Your order, or You have cancelled it in accordance with the instructions in Change or cancel an order

• For most products sent directly from Our Warehouse We will collect payment as Your order is being despatched; please note that, when payment is by cheque, we will await clearance of the cheque before despatching Your order

• If the Product is being delivered direct to You from a Supplier, for instance in the case of ????, You may be charged at any point between confirmation of Your order and despatch. The exact timing of this will vary according to supplier and the Product You are ordering How will you notify despatch (and thus acceptance of contract if the product goes direct from Supplier to customer?
Non-acceptance of an order may be a result of one of the following:

• The Product You ordered being unavailable from stock

• Our inability to obtain authorisation for Your payment

• The identification of a pricing or Product description error

• Your not meeting the eligibility to order criteria set out in the Conditions

The contract will be concluded in English.

Consumer Contracts Regulations 2013

This legislation offers You the following cancellation rights when You buy online or by phone:

• You are entitled to cancel Your contract if You so wish, provided that You exercise Your right (notify Us) no longer than 14 days after the day on which You receive the goods or services.

• Your right to return or cancel products does not apply to goods that are made to measure or are made to Your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This does not affect Your statutory rights if goods are faulty or not as described.

• If You wish to exercise Your right of cancellation, You are obliged to take reasonable care of the goods until returned to Us within the deadline given below.

• To exercise the right to cancel, You must inform Us (preferably by using a Returns form available here) of Your decision to cancel Your contract by a clear statement, including details of Your name, geographical address, details of the order You wish to cancel and, where available, Your phone number and email address.

• You can cancel by email: sales@allensperformance.co.uk or call Us on 01949 836733 (+44 1949 836733 from outside the UK). during opening hours which are published on the Website, or write to Us

• If You decide to cancel, You must return the goods to Us at Your cost within 14 days of notifying Us of your decision to cancel and We will reimburse to You (by the method used to pay for the original transaction (I cannot see that the method is specified in legislation but there must be a reason why top online retailers do this?) the amount in relation to goods to which cancellation rights apply. This includes the cost of Our standard deliveryregardless of the type of delivery You chose for your delivery.).

• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by You. We will make the reimbursement no later than 14 days after the day We receive back from You any goods supplied.
Please see Our Refund policy for further details.
Guarantees
Guarantees
We always honour the manufacturer's guarantee period where offered; these are usually one year unless otherwise stated. Please see individual Product pages for details.
Our guarantees provide full cover against mechanical breakdown through normal use. This means that if Your item develops a fault during the guarantee period, We will arrange for it to be repaired free of charge, including all parts and labour. Your guarantee is transferable with ownership, so if You give or sell the item to someone during the guarantee period, it's still covered.
You will need to provide Us with details of Your item, including the model number and date of purchase. You will find all of this information on Our original receipt – this acts as Your guarantee, so please make sure You keep it safe.
If We can't repair Your item, We will replace it with an item of equivalent specification. If no equivalent Product is available We will discuss an alternative settlement with You, and We will always do Our best to make sure that You are satisfied with the outcome.
There are some specific exclusions from Our guarantees, as follows:

• Repair costs caused by external factors such as computer viruses, faulty software, fire, theft, and weather (including lightning damage)

• Accidental damage, for example if Your item has been dropped.

• Consumables such as batteries, fuses, light bulbs

• If the Product has been used commercially or for business purposes

• Data loss

• Cosmetic damage such as scratches, dents, corrosion or colour where the function of the Product is unaffected

• Any loss suffered as a result of not being able to use the Product, or any loss over and above the purchase price of the original item

• Servicing, inspecting or cleaning of the Product; and failure to follow the manufacturer's instructions and/or installation guidelines

• Deliberate damage or neglect of the Product

• Please note that Our guarantees provide services for goods bought and used in the UK, the Isle of Man and the Channel Islands is this right and is there anywhere else You would honour a guarantee?

General terms

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or Content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or

Our licensors in writing.

You acknowledge and agree that the material and Content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and Content onto only one computer hard drive for such purpose. Any other use of the material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and
Content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect Your statutory rights as a consumer, nor does it affect Your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

• any loss of goodwill or reputation; or

• any special or indirect losses

• suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern Our relationship with You. Any changes to these Conditions must be in writing and signed by both parties. In this way, We can avoid any problems surrounding what Allens Performance and You are expected to do. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Conditions. Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact
For any queries regarding Our service, please contact Us via email, phone or post via the Contact us page.
Our company details are:
We are:
Allens Performance Limited
Company number 06021772
VAT number ########
Our registered and business address is:
Unit B9 Moorbridge Road
Bingham
Notts
NG13 8GG

Allens Performance 2019. All rights reserved.