FORMULAEPRESCOTT TERMS OF SALE

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These

Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, https://formulaeprescott.com (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on 29th November 2023.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

• Our Terms of Use, available above, apply to your use of Our Site. These terms are also referred to below in Paragraphs 3 and 4.

• Our Privacy and Cookie Policy, available at https://formulaeprescott.com/pages/privacy-policy. This is also referred to below in Paragraph 21.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Part 9;

“Goods” means the goods sold by Us through Our Site;

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“We/Us/Our” means Franline Limited t/as FormulaePrescott.

1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1 “writing”, and any similar term, includes a reference to any

communication effected by electronic or facsimile transmission or

similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or

provision as amended or re-enacted at the relevant time;

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1.2.3 a Part or paragraph is a reference to a section, part, or clause of these

Terms of Sale.

2. Information About Us

2.1 Our Site is operated by Franline Limited which trades as FormulaePrescott.

We are a limited company registered in England and Wales under company

number 08475183. Our registered address is 7 Bell Yard London WC2A 2JR,

UK and Our main trading address is The Panorama Building, Park Street,

Ashford, Kent, TN24 8DF, UK

2.2 Our VAT number is GB296628059

3. How to Contact Us

3.1 To contact Us about your Goods or your Order or with general questions or

complaints by email, please email Us at hello@formulaeprescott.com, and to

contact Us by post, please write to Us at 7 Bell Yard London WC2A 2JR, UK,

530 East Main St., Unit 3A, Chester, NJ 07930 USA or The Old Savoy

Complex,13 Bedford Row, Limerick, V94 VY47.

4. Access to Our Site and Use of Our Site

4.1 Access to Our Site is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access

Our Site.

4.3 Use of Our Site is subject to Our Website Terms of Use, available above.

Please ensure that you have read them carefully, that you understand them, and

that you agree to them.

5. Changes to these Terms of Sale

5.1 We may alter these Terms of Sale from time to time, for example, to reflect

changes in relevant laws and regulatory requirements. If We do so, details will

be highlighted at the top of this page. If the changes are likely to affect your

Order, We will inform you in advance by email and you may contact Us to end

the Contract before the changes take effect. If you end the Contract for this

reason, you will receive a refund for any Goods paid for but not received.

5.2 If any part of the current version of these Terms of Sale conflicts with any

previous version(s), the current version shall prevail unless We explicitly state

otherwise.

6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of

business. If you are a business customer, please consult our Business Terms of Sale

available on request.

7. Goods, Descriptions, and Changes

7.1 We make all reasonable efforts to ensure that all descriptions and images of

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Goods available from Us on Our Site match the actual Goods. Please note:

a) Images of Goods are for illustrative purposes only. There may be slight

variations in colour between the image of a product and the actual

product due to differences in computer or device displays and lighting

conditions;

b) Images or descriptions of packaging are for illustrative purposes only

and the actual packaging may vary.

7.2 Please note that Paragraph 7.1 does not exclude Our responsibility for mistakes

due to Our negligence. It refers only to minor variations in the correct Goods,

not to different Goods. If you receive Goods that are not as described, please

refer to Paragraph 12.

7.3 Minor changes may be made to certain Goods from time to time. This may

happen between you placing your Order and the Goods being dispatched.

Minor changes may be made, for example, to reflect changes in relevant laws

and regulatory requirements or to address particular technical or security

issues.

Minor changes will not change the main characteristics of the Goods and will

not affect your use of those Goods.

8. Pricing

8.1 We make all reasonable efforts to ensure that prices shown on Our Site are

correct. We may change prices from time to time. Changes in price will not

affect any Order that you have already placed. Please note, however, that

changes in VAT will, as explained below in Paragraph 8.2.

8.2 All prices on Our Site include all VAT and Sales Taxes where applicable.

8.3 All prices are checked before We accept your Order. If We have shown

incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We

will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We

will give you the option to purchase the Goods at the correct price or to cancel

your Order (or the affected part of it). We will not proceed with processing

your Order in this case until you respond. If you do not respond within 14 days,

We will treat your Order as cancelled and inform you of the cancellation in

writing.

8.4 If We mistakenly accept and process an Order where an obvious and

unmistakeable pricing error has been made, which you could have reasonably

recognised as mispricing, We have the right to end the Contract, refund any

sums paid, and require you to return the affected Goods to Us.

8.5 Delivery charges are not included in the price of Goods shown on Our Site. For

more information on delivery charges, please refer to

https://formulaeprescott.com/pages/delivery-information. Delivery options and

related charges will be presented to you as part of the order process.

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9. Orders and How Contracts Are Formed

9.1 Our Site will guide you through the ordering process. Before submitting your

Order, you will be given the opportunity to review and amend it. Please ensure

that you check your Order carefully before submitting it.

9.2 If you provide Us with incorrect or incomplete information during the order

process, please contact Us as soon as possible. Where any information is

required, it will be stated on Our Site, either in the product descriptions or

during the order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information,

We will contact you to ask you to correct it or provide the missing information

required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us

asking for it, or if the information is inaccurate or incomplete, We may either

end the Contract or charge you a reasonable sum as compensation for the extra

work required as a result.

We will not be responsible for supplying the affected Goods late or for not

supplying the affected Goods if this is due to you not providing Us with the

required information within a reasonable period of Us asking for it.

9.3 No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is

indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally

binding Contract between Us and you for the sale of the Goods.

9.4 Order Confirmations contain the following information:

a) Your Order Number;

b) Confirmation of the Goods ordered including full details of their main

characteristics;

c) Fully itemised pricing for the Goods ordered including, where

appropriate, taxes, delivery, and other additional charges;

d) Estimated delivery date(s).

9.5 Please quote your Order Number if you contact Us about your Order for any

reason. You do not have to do this, but it may help Us to locate your Order and

help you more quickly and easily.

9.6 In the unlikely event that We cannot accept your Order, We will inform you in

writing and explain why. No payment will be taken under normal

circumstances. If We have taken payment, any such sums will be refunded.

We may not accept your Order because the Goods are out of stock, because of

unexpected limits on Our resources that We could not have reasonably planned

for, because We have identified a mistake in the description or price of the

Goods, or because We are not able to meet a delivery deadline that you have

set.

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10. Payment

10.1 Payment for Goods and related delivery charges must always be made in

advance. You will be prompted to provide payment details during the ordering

process.

10.2 We charge your chosen payment method on placement of your Order.

10.3 If you believe that We have charged you an incorrect amount, please contact

Us as soon as possible to let Us know.

11. When You Own the Goods

Ownership of the Goods passes to you once you receive them.

12. Delivery

12.1 All Goods purchased through Our Site will normally be delivered within 10

calendar days after the date of Our Order Confirmation unless otherwise agreed

or specified during the ordering process.

12.2 We will not be responsible for delays that are outside of our reasonable control.

If delivery is delayed for such a reason, We will inform you as soon as possible

and will take steps to minimise the impact of the delay.

12.3 If there is a risk of a substantial delay to delivery, you may contact Us to end

the Contract and will be refunded any sums paid for Goods that you have not

received.

12.4 You may cancel all or part of your Order in accordance with our cancellation

and returns policy at https://formulaeprescott.com/pages/returns-information

12.5 Responsibility for the Goods passes to you once We have delivered the Goods

to the address you have provided or once you (or a carrier organised by you, if

applicable) collect the Goods from Us.

12.6 As explained in Paragraph 9.2, We will not be responsible for delivering Goods

late or for not delivering Goods if this is due to you not providing Us with

required information within a reasonable period of Us asking for it.

13. Faulty, Damaged, or Incorrect Goods

13.1 This Paragraph 13 provides a summary of your legal rights as a consumer.

These rights may be subject to certain exceptions. For full details please refer

to the Citizens Advice website. Nothing in these Terms of Sale will affect your

legal rights.

13.2 The Consumer Rights Act 2015 requires that goods must be as described, fit

for purpose, and of satisfactory quality. During the expected lifespan of a

product, your legal rights are as follows:

a) Beginning on the day that you receive the Goods (and ownership of

them) you have a 30 calendar day right to reject them and to receive a

full refund if they do not conform as stated above.

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b) If you do not wish to reject the Goods, or if the 30 calendar day

rejection period has expired, you may request a replacement. We will

cover any associated costs and will carry out the replacement within a

reasonable time and without significant inconvenience to you. In certain

circumstances, where a replacement is impossible or otherwise

disproportionate, We may instead offer you a full refund. If you request

a replacement during the 30 calendar day rejection period, that period

will be suspended while We carry out the replacement and will resume

on the day that you receive the replacement Goods. If less than 7

calendar days remain out of the original rejection period, the time

remaining will be extended to 7 calendar days.

c) If, after a replacement, the Goods still do not conform (or if We cannot

replace them, as described above, or have failed to act within a

reasonable time or without significant inconvenience to you), you may

ask Us to attempt the replacement again (you do not have to give Us

multiple opportunities to do so if you do not want to), or you have the

right either to keep the Goods at a reduced price, or to reject them in

exchange for a refund.

d) If you exercise the final right to reject the goods more than six months

after you have received the Goods (and ownership of them), We may

reduce any refund to reflect the use that you have had out of the Goods.

e) Please be aware that after six months have passed since you received

the Goods, you must prove that the defect or non-conformity existed at

the time of delivery.

13.3 Please note that you will not be eligible to claim under this Paragraph 13 if:

a) We informed you of the problem(s) with the Goods before you

purchased them or you had the opportunity to examine them before

purchase and the problem(s) should have been obvious to you; or

b) You have caused the problem(s) yourself, for example, through misuse

or intentional or careless damage; or

c) You have purchased the Goods for an unsuitable purpose that is neither

obvious nor made known to Us and the problem(s) has/have resulted

from your use of the Goods for that purpose; or

d) The problem(s) is/are the result of normal wear and tear; or

e) You have changed your mind (please refer to Paragraph 15).

13.4 If there is a problem with the Goods, please contact Us using the details

provided above in Paragraph 3.

13.5 If you exercise your legal right to reject the Goods, you must return them to

Us.

13.6 To return Goods to Us for any reason under this Paragraph 13, please post

them to Us, arrange for their collection, or return them in person. We will

cover the costs of postage or collection. Please contact Us using the details

provided above in Paragraph 3 for a return label or to arrange collection.

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14. Your Rights to Cancel and End the Contract

14.1 If the Goods are faulty or misdescribed, you may have a legal right to end the

Contract, to have the Goods replaced, or to get a full or partial refund. Please

refer to Paragraph 13, above, for more information.

14.2 If you are a consumer and have changed your mind, you may have a legal right

to a “cooling-off period” within which you can end the Contract for any reason.

Please refer to Paragraph 15, below, for more information.

14.3 If you wish to end the Contract because of something We have done or are

going to do, please refer to Paragraph 15, below, for more information.

15. Cancelling and Ending the Contract if You Change Your Mind

15.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the

legal right to change your mind and end the Contract for any reason. This 14

calendar day “cooling-off period” begins once your Order is complete and we

send you the Order Confirmation, i.e. when the Contract is formed, and ends as

set out below. You may also cancel for any reason before We send the Order

Confirmation.

a) If the Goods are being delivered to you in a single instalment, the

cooling-off period ends 14 calendar days after the day on which you (or

someone you nominate) receive(s) the Goods.

b) If the Goods are being delivered in separate instalments on separate

days, the cooling-off period ends 14 calendar days after the day on

which you (or someone you nominate) receive(s) the final instalment of

Goods.

15.2 If you wish to end the Contract for this reason, you must inform Us within the

cooling-off period. You may inform Us in any way you wish. Please state that

you want to cancel and end the Contract, providing your name, address, details

of your Order and, where possible, your email address and telephone number.

Our contact details are provided above in Paragraph 3.

15.3 Your cancellation notice is effective from the date on which you send it.

Provided you send your cancellation notice or contact Us directly by 23:59:59

on the final day of the cooling-off period, your cancellation will be valid and

accepted.

15.4 Please note that this right to cancel will not apply if the Goods are sealed for

health or hygiene reasons and you have unsealed them after receiving them.

16. Cancelling and Ending the Contract Because of Something We Have Done or

Will Do

16.1 You may have the right to cancel and end the Contract because of something

We have done or have informed you that We are going to do. This right to

cancel applies in the following circumstances:

a) We have informed you about an upcoming change to these Terms of

Sale that you do not agree to (see Paragraph 5.1);

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b) We have informed you about an upcoming change to the Goods that

you do not agree to (see Paragraph 7.4);

c) We have informed you about an error in the price or description of the

Goods and you do not wish to proceed;

d) There is a risk that delivery of the Goods will be substantially delayed

due to events outside of Our control (see Paragraph 12.3);

e) You have a legal right to end the Contract because We have done

something wrong (including where We have not delivered the Goods on

time and the circumstances in Paragraph 12).

16.2 If you cancel and end the Contract for any of the reasons set out in this

Paragraph 16, the Contract will end immediately and you will receive a full

refund for any Goods which have not yet been provided.

16.3 If you wish to end the Contract for this reason, you may inform Us in any way

you wish. Please state that you want to cancel and end the Contract, providing

your name, address, details of your Order and, where possible, your email

address and telephone number. Our contact details are provided above in

Paragraph 3.

17. Returning Goods After Cancelling and Ending the Contract

17.1 If you cancel and end the Contract for any reason after Goods have been

dispatched or delivered to you, you must return the Goods to Us or arrange for

their collection. Please contact Us using the details provided above in

Paragraph 3 for return information.

17.2 If you are exercising your right to change your mind under the cooling-off

period as set out in Paragraph 15, you must return the Goods to Us no more

than 14 calendar days after the day on which you informed Us that you wish to

cancel.

17.3 We will cover the costs of returning the Goods to Us in the following

circumstances:

a) The Goods are faulty or misdescribed;

b) You are cancelling and ending the Contract because We have made an

error in the price or description;

c) You are cancelling and ending the Contract because you have a legal

right to do so.

17.4 In all other circumstances including where you are exercising your right to

change your mind under the cooling-off period, you must cover the costs of

returning the Goods to Us.

18. Refunds

18.1 All refunds due to you will be made using the same method used by you when

paying for the Goods. You will be refunded the price paid for the Goods and

for delivery, subject to the following limitations and deductions:

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a) If you are exercising your right to change your mind under the coolingoff

period, We may reduce your refund to reflect any reduction in the

value of the Goods if that reduction has been caused by your handling

of the Goods in a way that would not be permitted in a shop. If We

issue the refund before inspecting the Goods and subsequently discover

that you have handled them in this way, We may charge you an

appropriate sum.

b) Standard delivery charges (i.e. the cheapest option available for your

Order) will be refunded, but we do not reimburse premium delivery

charges.

18.2 All refunds due to you will be made as soon as possible. If you are exercising

your right to change your mind under the cooling-off period, We will issue

your refund within 14 calendar days of:

a) The day on which We receive the returned Goods;

b) The day on which you inform Us (supplying evidence) that you have

sent the Goods back (if this is earlier); or

c) If We have not yet provided an Order Confirmation or have not yet

dispatched the Goods, the day on which you inform Us that you wish to

cancel and end the Contract.

19. Our Liability to Consumers

19.1 We will be responsible for any foreseeable loss or damage that you may suffer

as a result of Our breach of these Terms of Sale (or the Contract) or as a result

of Our negligence. Loss or damage is foreseeable if it is an obvious

consequence of Our breach or negligence or if it is contemplated by you and

Us when the Contract is created. We will not be responsible for any loss or

damage that is not foreseeable.

19.2 We only supply goods for domestic and private use by consumers. We make no

warranty or representation that the Goods are fit for commercial, business or

industrial use of any kind (including resale). We will not be liable to you for

any loss of profit, loss of business, interruption to business, or for any loss of

business opportunity.

19.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death

or personal injury caused by Our negligence (including that of Our employees,

agents or sub-contractors); or for fraud or fraudulent misrepresentation.

19.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a

consumer including, but not limited to, those explained above in Paragraph 13.

20. Complaints and Feedback

20.1 We always welcome feedback from Our customers and, whilst We always use

reasonable efforts to ensure that your experience as a customer of Ours is a

positive one, We nevertheless want to hear from you if you have any cause for

complaint.

20.2 If you wish to complain about any aspect of your dealings with Us, please

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contact Us using the contact details provided above in Part 3.

21. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy and Cookie

Policy, available from https://formulaeprescott.com/pages/privacy-policy.

22. Other Important Terms

22.1 You may not transfer (assign) your obligations and rights under these Terms of

Sale (and under the Contract, as applicable) without Our express written

permission.

22.2 The Contract is between you and Us. It is not intended to benefit any other

person or third party in any way and no such person or party will be entitled to

enforce any provision of these Terms of Sale.

22.3 If any of the provisions of these Terms of Sale are found to be unlawful,

invalid or otherwise unenforceable by any court or other authority, that / those

provision(s) shall be deemed severed from the remainder of these Terms of

Sale. The remainder of these Terms of Sale shall be valid and enforceable.

22.4 No failure or delay by Us in exercising any of Our rights under these Terms of

Sale means that We have waived that right, and no waiver by Us of a breach of

any provision of these Terms of Sale means that We will waive any subsequent

breach of the same or any other provision.

23. Law and Jurisdiction

23.1 These Terms of Sale, and the relationship between you and Us (whether

contractual or otherwise) shall be governed by, and construed in accordance

with, English law.

23.2 If you are a consumer, you will benefit from any mandatory provisions of the

law in your country of residence. Nothing in Part 23.1 takes away from or

reduces your legal rights as a consumer.

23.3 If you are a consumer, any dispute, controversy, proceedings, or claim between

you and Us relating to these Terms of Sale or to the relationship between you

and Us (whether contractual or otherwise) shall be subject to the jurisdiction of

the courts of England, Wales, Scotland, or Northern Ireland, as determined by

your residency.

23.4 If you are a business user, any dispute, controversy, proceedings, or claim

between you and Us relating to these Terms of Sale or to the relationship

between you and Us (whether contractual or otherwise) shall be subject to the

exclusive jurisdiction of the courts of England and Wales.