Name: Replacement cushions ESD Integral foam - Tema Solutions
SKU: 69.528.000
Price: 197.10 GBP
Availability: InStock

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Website terms of use

This legal notice is provided in a layered format so you can click through to the specific areas set out below:

You may use our Site only for lawful purposes. You may not use our Site:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way; send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use;
not to access without authority, interfere with, damage or disrupt:
any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party

We may from time to time provide interactive services on our Site, including, without limitation.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Site (“Contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions);
comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or
a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.

Privacy & Cookie Policy

This legal notice is provided in a layered format so you can click through to the specific areas set out below:

What is the purpose of this privacy notice?

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website.

This website is not intended for children and we do not knowingly collect data relating to children.

You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data controller(s)

TEMA Solutions Ltd is the controller and responsible for your personal data (collectively referred to as ["COMPANY"], "we", "us" or "our" in this privacy notice). Our contact details can be found here:

TEMA Solutions Ltd, Boston House, Downsview Road, Wantage, England, OX12 9FF

0800 112 3155

You can email us here: sales@tema-solutions.co.uk

For all data matters contact Richard Hare using the above contact details.

Third-party links outside of our control

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit.

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.

We may collect, use, store and transfer different kinds of personal data about you including but not limited to:

Identity Data - First Names; Last Name; Username; Marital Status; Title; DOB; Gender.
Contact Data - Including Billing Address; Delivery Address; Email Address; Telephone Numbers.

[We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.]

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

We use different methods to collect data from and about you:

Directly. You may give us your Identify; Contact; Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes (but is not limited to) personal data you provide when you:

Apply for our products or services;
Create an account on our website;
Subscribe to our service or publications;
Request marketing to be sent to you.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Performance of Contract this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Comply with a legal or regulatory obligation this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

[Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us]

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below the ways we plan to use your personal data, with the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Wolf Productions group of companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase; product or service experience or other transaction.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please click the button below.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

INFORMATION ABOUT OUR USE OF COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

Strictly necessary cookies
Analytical / performance cookies
Functionality cookies
Targeting cookies

We may also share this information with third parties for this purpose:

Estimate out audience size and usage pattern.

Store information about your preferences, and so allow us to customise our site and to provide you with offers that are targeted to your individual interests.

Speed up your searches.

Recognise you when you return to our site.

Allow you use our site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.

Other purposes.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control and we cannot accept any liability for the third party’s compliance with its legal obligations. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will eventually expire.

We may have to share your personal data with the parties set out below for the purposes set out in the table above.

Internal Third Parties
External Third Parties (for example):
- Providers, acting as processors who provide IT services.
- Professional advisers, acting as processors or joint controllers including but not limited to: Lawyers, bankers, auditors and insurers who provide consultancy; banking; legal; insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who requite reporting of processing activities in certain circumstances.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Many of our external third parties are based outside the European economic area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by implementing safeguards.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

The right to request a copy of the personal data which we hold about you;

The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact us.

No fee required – with some exceptions

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact us.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Terms & Conditions of Supply & Purchase

This legal notice is provided in a layered format so you can click through to the specific areas set out below:

These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that by placing your order you agree to these terms.

In addition, please read our FAQ here https://tema-solutions.shop where more details may be provided, however please note that our FAQ are not incorporated into these terms and, therefore, do not constitute a legally binding contract between you and us (unless expressly stated otherwise in these terms). If information provided in these terms conflicts with our FAQ, then information in these terms shall take precedence.

For the purposes of these terms, you are a ‘consumer’ if you are buying products from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying products from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to TEMA Solutions Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

If you are a consumer you must be at least 18 years old and a resident of the UK, or if you are a business customer you must be based in the UK, to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

Your use of our site is governed by our website Terms of Use

You can place your order with us by following the process on our site.

Please take the time to read and check your order carefully at each stage of the order process and correct any errors before you submit it to us. It is your responsibility to check that the order and all products and address details are correct before you submit your order.

Before placing your order, please check and determine your full ability to receive the products from us. This includes ensuring that:

- the products ordered will pass freely into your premises and/or room of choice;
- the products ordered will fit in the space where you intend for them to be placed;
- the products ordered can be transported through the door of your premises and/or flat or room and/or stairs; and
- there are no other issues that could make delivery complicated.

After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.

Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched.

If we do not accept your order for any reason, for example because you are under 18 or domiciled outside of the areas that we can deliver to, or there has been a mistake regarding the pricing or description of the products, or for any other legal or regulatory reason, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

All orders are subject to availability of the products ordered and the materials to make the products. We cannot guarantee that any product will be available at any given time.

Following notification to us (e.g., from our manufacturers), we will notify you by email if, for any reason, the products you have ordered are not available or are subject to any delay. We will not be liable to you for any unavailability or delay of the products you have ordered or for any delay – please refer to clause 11.7 for further details.

In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken, provided that your order is not a part of a multipart order. If your order is a part of a multipart order, we will:

- If you are a consumer, refund you delivery costs for that part, provided the remainder of the order is shipped; and
- If you are a business customer, credit the portion of the delivery costs that apply to that part only, provide the remainder of the order is shipped.

You can check your order status at any time by simply sending a reply email to our original order confirmation email. We will use our reasonable endeavours to respond to you within 24 hours.

Descriptions of our products are set out on our site.

Please read the product description carefully. Pictures and images of the products or their packaging on our site are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.

We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our site may vary depending on what device you are using and your settings.

Furthermore, there is a possibility that products could be delivered with a slight shade variance compared to the original order colour. This is within manufacturing tolerances and is not a defect.

Prices for our products are set out on our site. All prices are in pounds sterling (£) (GBP) and exclude VAT, which will be added at checkout at the applicable rate, and delivery charges, which, if not added at checkout, will be notified to you by acknowledgement email from us (see clause 4.4).

Prices for our products and delivery charges may change at any time. Except as set out in clause 9.3 below, such changes will not affect existing orders.

If there has been an error on the site regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

We accept all major credit cards and debit cards, including Visa Credit, Visa Debit, MasterCard. All credit card and debit card payments need to be authorised by the relevant card issuer. In order to process your order, we will need to share your payment details with third party service providers. This will be done in accordance with our Privacy Policy. By providing us with this information you specifically authorise us to do this.

We will take payment from your card once your order is accepted by us. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

If you are given at checkout available delivery options to choose from when you place your order, some options may provide for additional services on delivery at additional charge.

We reserve the right to charge for an additional delivery under the circumstances described in clause 12.2.

Your order (and all costs and charges associated with your order) must be paid in full prior to delivery of your products if (as the case may be) following acceptance of your order, any of the costs or charges have not been paid by you to us, or we could not charge your payment method.

We can only deliver to addresses within mainland Great Britain (England, Scotland, Wales). We can arrange delivery at an additional delivery charge to offshore locations, including the Isle of Wight, Channel Islands, Isle of Man, Scottish Islands, Northern Ireland, the Republic of Ireland and Continental Europe. Please use our chat window or email us to discuss delivery options and charges.

Your order will be delivered within the delivery period specified, depending on the delivery option you chose.

Any delivery dates stated during the order process, or in your order confirmation email, or notified to you in any other way, are estimates only.

We will do all that we reasonably can to deliver your order within the delivery period. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed.

If you are a business customer and the person authorised to accept delivery for you is unavailable to accept your order on delivery, which will result in incurring redelivery and other costs to us, then without prejudice to any other rights and remedies we may have under these terms, common law or otherwise, you will be liable to us for all those costs, which shall be recoverable from you by way of debt payable on demand. This term is in addition to clause 12.2, as applicable and the case may be.

We will deliver your order to the address specified by you when you placed your order.

We reserve the right to charge for an additional delivery if the original delivery was attempted but unsuccessful due to no one being present at the delivery address, or due to any reason or circumstances which our delivery team believe could cause damage to the products or property in our attempt to deliver your products on the agreed date. Please ensure that you, or an authorised person, are available to receive the products on the agreed date.

Delivery and unloading should have easy access to your property and be able to be conveniently carried out.

We require that you, or the authorised person, acknowledge receipt of the products by signing the delivery note provided by the drivers.

We require that all doorways, hallways and points of access in your property have been measured to ensure they are adequate for the size of the products being delivered, as well as fit into the respective space / room where such service has been arranged. Objects and surfaces that could be damaged in the delivery process must be removed or protected by you, as we will accept no liability for any damage caused to your property, possessions or surfaces.

Please examine the products as soon as reasonably possible on the arranged delivery date and notify us promptly of any fault or damage.

Where multiple items have been ordered, we will use our reasonable endeavours to deliver them all together by the longest delivery time quoted, unless a split delivery is requested which will result in a further carriage charge.

Once your order has been delivered to your address, the risk in the products passes to you. This means that you are responsible for the products, and we are not liable to you if the products are stolen, damaged or lost after they have been delivered to you. This does not affect your statutory legal rights. Ownership of the products passes to you once you have paid for them in full.

This clause 13 only applies to you if you are a consumer.

If you have chosen additional services to be performed by us on delivery (please refer to clause 11.1 above), such services will be subject of a contract for services which will be separate from the contract for goods that you have ordered.

Where a contract for services has been fully performed, we cannot offer you refund for such services.

The refund provisions in this clause 13 refer to the contract for goods only.

You have a statutory right to cancel your order within 14 days from the delivery date (cooling-off period).

To cancel your order, please email us at sales@tema-solutions.co.uk or call us on 0800 112 3155. To help us process your cancellation more quickly, please include the following information:

- Your name;
- Order reference number;
- Your address
- Email address;
- Contact number;
- Date of purchase;
- Date the goods were delivered to you; and
- If you originally ordered multiple items, details of the item you are returning.

Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us.

If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage or any other suitable proof of delivery (especially in relation to for larger products). We may withhold the refund until we have received the products back from you.

Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging.

You have a legal obligation to take reasonable care of the products while they are in your possession. We may deduct the purchase price of the product or a reasonable percentage of the purchase price from the refund amount as a compensation for any damage caused to the products and for our additional costs incurred, if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products.

Subject to clause 13.5 and clause 13.6, we will refund full price of your products no later than 14 days after the day we receive the products back from you. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.

Any special delivery or associated costs will not be refunded.

We will issue your refund to the same payment method you used when you placed your order.

This clause 14 only applies to you if you are a consumer.

Every effort will be made to ensure that the products you have ordered arrive undamaged and without defect.

If the products are found to be either damaged or defective in any way at the time of delivery, please complete an incident form immediately which can be provided to you on request.

If such damage or defect is discovered after delivery, you must contact us within 48 hours of delivery of the product, and in the event of a latent defect - within 72 hours after discovering such defect.

There is a possibility that products could be delivered with a slight shade variance compared to the original order colour. This is within manufacturing tolerances and is not a defect.

We provide a 12-month supplier-backed product guarantee from the date of delivery, which covers any fault of a manufacturing nature.

This clause 14 does not affect your statutory rights that you may have.

This clause 15 only applies to you if you are a business customer.

Please consult our Customer Returns Policy and our Customer Warranty Policy, which shall be incorporated into these terms; however, if information provided in these terms conflicts with these policies, then information in these terms shall prevail.

We warrant that the products will, for a period of 12 months from delivery (Warranty Period):

- conform in all material respects to their product descriptions on the site;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

*Please note clause 14.4 which is applicable to you as a business customer.

As your sole and exclusive remedy, we will (at our option) repair or replace any products that do not comply with clause 15.1, provided that:

- you notify us by completing the Warranty / Faulty Goods Form or email to sales@tema-solutions.co.uk within the Warranty Period in the case of defects discoverable by a physical inspection, or in the case of latent defects, within 72 hours from the moment when you became aware (or should reasonably have become aware) of the defect;
- you provide us with sufficient information as to the nature and extent of the defects;
- you give us a reasonable opportunity to examine the defective products; and
- you return the defective products to us at your expense.

Except as set out in this clause 15, we give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

This clause 17 only applies to you if you are a consumer.

If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur as a result of something we did (or failed to do).

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

This clause 18 only applies to you if you are a business customer.

Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.

We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

- consequential, indirect or special losses; or
- any of the following (whether direct or indirect):

- - loss of profit;
  - loss of opportunity;
  - loss of savings, discount or rebate (whether actual or anticipated); or
  - harm to reputation or loss of goodwill.

Nothing in these terms will limit or exclude our liability for:

- - death or personal injury caused by negligence;
  - fraud or fraudulent misrepresentation; or
  - any other losses which cannot be excluded or limited by law.

Promotional codes entitle you at the time of placing your order to a saving equivalent to the discount advertised at the time.

We reserve the right to decline orders where, in our opinion, a promotional code is invalid for the order being placed.

Promotional codes cannot be used in conjunction with any other offers or promotions. Offers are not valid on ex-display items.

Promotional codes have no monetary value and cannot be exchanged for cash.

In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value will be returned to the customer.

The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return. You should place a new order using the original promotional code.

If you are a consumer, the laws of England apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of the region of the UK in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of the part of the UK in which you live.

If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

Replacement cushions ESD Integral foam

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