For Business

Terms and Conditions

  1. Starfish Organisers Ltd trading as Breakout  (“the Company”) provides virtual office, company formation, company secretarial and accountancy services (“the Services”) at its offices (“the Address”), details of which may be found on the Company website https://www.breakoutonline.co.uk (“the Website”).

  2. These Terms and Conditions (the “Agreement”) shall prevail in the event of any conflict between these Terms and Conditions and any terms and conditions appearing anywhere else.

  3. Any purchase for virtual office services that you (“the Client”) place with the Company, by whatever method, will be governed by these terms and conditions.

  4. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected.

  5. Client’s purchase will only be valid if made via the Company’s ordering procedure. By making a purchase, the Client agrees to be bound by these Terms and Conditions.

  6. When Clients purchase from the company you warrant that you are over the legal age of 16.

  7. Due to the nature of the internet and the fact that your access to the Website involves features outside our control, we do not accept any liability for technical problems that you may experience with the said Website.

  8. While the Company takes all reasonable care to ensure that the information contained on the Website is accurate and up to date, the Company makes no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability).

  9. All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such.

  10. The Company reserves the right to change or remove (temporarily or permanently) the Website, or any part of it, without notice, and shall not be liable to any parties for any such change or removal.

  11. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

  12. No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

  13. The website may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. The Company will not be responsible for loss or damage that may incur if the Client shares these details with their business partners or any other third party.

  14. The Company may withdraw or suspend the Client’s right to access or use the Website at any time, without prior notice and without providing any reason.

  15. Clients’ use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.

  16. Clients warrant that any information you provide to us about yourself upon registration, purchase or at any time will be accurate, current and complete. You also warrant that you will ensure that this information is kept accurate and up to date at all times.

  1. Term

    1. This Agreement shall commence on the purchase date upon finalised transfer of monies to the Company for Services and shall continue unless and until terminated by either of party in accordance with these Terms & Conditions.

    2. The Client has entered into this Agreement for the provision of Services by The Company as detailed by their online application and by the confirmation email sent by and from the Company.

    3. No variation to this Agreement shall be binding unless agreed in writing by the Company.

    4. Any payments taken are non-refundable unless they comply with our termination and refund terms.

    5. Any clerical, typographical or other error or omission in any price list, quotation, sales literature, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

    6. This Agreement is for the initial fixed term period and shall be extended automatically on an annual basis, thereafter, subject to this Agreement.

    7. It is the Client’s responsibility to cancel their account within the terms of this Agreement if they do not wish to renew the services.

  2. Use of Address

    1. By purchasing any of the Services offered by the Company the Company has given the Client the right to use the Address for a limited term.

    2. The Client is not permitted to state to any third party they have a physical presence at any of the Company’s Address(es), nor assert to any government authority that the Client(s) are resident at the Address.

    3. The Company reserves the right to disallow categories of business as the Company sees fit.

    4. The Company reserves the right to refuse to offer service to businesses whose activities are illegal under British law, or which may be judged immoral by the management of the Company, or which may draw the negative attention of UK regulatory authorities (or the public) to the business, employees or the Address of the Company.

    5. Businesses in the following niches are not permitted to use any of the Addresses: Adult, Alcohol, Gambling, Financial Services (Cryptocurrencies, Insurance, Investments, Loans), Firearms, and Pharmaceutical.

    6. The Client is not permitted during or after the term of this Agreement to carry out any act or make any omission that may damage the goodwill or reputation of the Address or Company or that may bring the Address or the Company into disrepute.


  3. Identification

    1. In order to receive our services, and to comply with UK local and national laws, the Client must provide to the Company copies of the following forms of identification, before any mail will be forwarded:

      1. • A valid copy of a driving license, passport or European identity card;

      2. • A valid copy of a utility bill, bank statement, local council or government letter that has the Client’s name and address on it.

    2. The documents may be uploaded via the Client’s online dashboard, or sent to the Company by email or letter.

    3. In the absence of such documents the Company may hold and retain the Client’s mail, for a limited time period (a maximum of 7 days), at its discretion, until such documents are supplied, and subsequently, if said documents are not forthcoming, return said mail to sender.

    4. The Company shall not be liable for any loss, harm or consequence suffered by the Client or a third party as a result of this procedure. (See Section 15.)

    5. In certain instances, the Company may ask for original documents, from the Client or their co-directors/shareholders, to confirm and verify details that the Client has provided, as well as documents detailing the nature, purpose and composition of the Client’s business. Failure to provide such documents within 7 days of request may result in immediate termination of service without notice or refund.

    6. The Client must inform the Company immediately in writing or via email of any changes to the Client’s contact details and business scope.

 

  1. Mail Forwarding

    1. The Client’s mail must be addressed in the format: Your Company Name, International House + the Address.

      1. i. The Company will not be held responsible for delays or non-delivery of mail arising out of using a different address format.

      2. ii. If the Company becomes aware, through its routine checks, of the use of its Address in a format other than the aforesaid it may inform the Client to make the necessary changes. The Company will only make changes if the appropriate Secretarial services are bought to pay for and enable these.

    2. All mail delivered at the Address will be forwarded to the Client to the address designated in the Client’s account as soon as is reasonably practicable.

    3. For administrative purposes, the Company considers the mail officially received on that date which the Company’s staff mark upon the mail, at the Company’s mail processing Address.

    4. Client mail delivered at the Address will not be made available for collection.

    5. Any mail delivered to the Client at the Address marked in such a way that the Company is unable to determine from the outside packaging that it is intended for the Client, the Company reserves the right to open such mail to determine for whom it is intended.

    6. The Registered Office Address service covers unlimited forwarding of Companies House and HMRC letters addressed in the name of the company to anywhere in the world.

    7. The Director’s Service Address covers unlimited forwarding of Companies House and HMRC letters addressed in the name of the company director to anywhere in the world.

    8. The Business Address Service covers the forwarding of those letters designated ordinary business letters by the Company, according to the number of business letter credits purchased. These letters are defined as all letters other than letters from Companies House and HMRC.

    9. Should the Client receive, by accident, any mail or letters not specifically addressed to them by the sender, they shall be obliged to return said mail to the Company at their own expense. The Company will compensate the Client with £10 renewal (fee) credit.

    10. If the Scan & Email service is bought alongside the Registered Office Address, Director’s Service Address and /or the Business Address Service, the Company will scan and upload the corresponding number of letters specified for the Services bought.

      When Scanning is bought for a particular address service the hardcopies of the letters scanned will not be posted to the customer. Instead, the hardcopy will be shredded securely after it is scanned into our online system. If there is any material that is not suitable for scanning (such as a bank-card or cheque) then it will not be scanned, instead, the hardcopy will be posted to the customer.

      1. i. All letters (C4 & C5 size) will be scanned, except junk mail, magazines, catalogues, brochures and large documents (10+ pages).

      2. ii. We reserve the right to open any letter and scan it into our system if a customer has the Scan service selected in their account, regardless of account status.

    11. The Company accepts no liability for mail that cannot be proven to have been delivered to the Address. Proof of postage shall not constitute proof of delivery.

    12. All risk in mail delivered in the name of the Client or their business at the Address shall pass to the Client immediately upon delivery to the Address.

    13. In the event that the Company has reason to believe that any mail item delivered to the Client at the Address is or may be, in any way, illegal, immoral, harmful, noxious, deteriorating or dangerous, the Company reserves the right to dispose of such mail as it sees fit.

    14. The Company reserves the right, at its sole discretion, to refuse delivery of and return to the sender (at the Client’s sole cost) or to withhold from forwarding any mail items the Company deems too large for forwarding.

    15. The Company reserves the right, at its absolute discretion, to withhold from forwarding and/or to pass to any relevant authority, including Trading Standards, the National Crime Agency, HM Revenue and Customs and the police, any mail delivered to you at the Address, without notice to you.

  2. Parcels

    1. The Parcel forwarding service is only available at the Long Melford address

    2. Clients must let the Company know in advance if a parcel is expected.

    3. An admin fee, plus postage will be charged to forward any parcels.

    4. Parcels will be kept in storage for a maximum of 7 days before being returned to the local Post Office for processing.

    5. The Company reserves the right to return to sender any unannounced parcel or any parcel which is, in the opinion of the Company and its staff, too large or too heavy.

    6. The Company reserves the right to dispose of any other unsolicited items received at the Address(es) which cannot be returned to sender via Royal Mail.

  3. Services

    1. Purchase of the service Registered Office Address gives the Client the right to use the Address at Companies House and as the Client’s Registered Office Address in all official communications.

    2. Purchase of the service Director’s Service Address gives the Client the right to use the Address as the Client’s Director’s Service Address with Companies House.

      1. i. The Director’s Service Address gives the Client the right to have 1 (one) director per account. Use of the Company’s Address for additional director(s) requires the creation of a separate account for each director.

    3. Purchase of the Business Address Service gives the Client the right to use the address on websites, business cards, letterheads, general correspondence, trademarks and patents and as a contact address.

    4. Purchase of the service ‘Scan & Email’ bought in combination with the Registered Office Address Service and/or Director’s Service Address Service and/or the Business Address Service permits the contents of the Client’s letters (C5 and C4 only) to be scanned and uploaded to the account Dashboard and afterwards posted to the forwarding address active on the Client account at the time of processing.

      1. i. The ‘Scans For Life’ service offering shall be conditional upon the account being in good standing and that the Registered Office Service, Director’s Service Address and Business Address Service plus Business Address postal credits shall all be present, active and paid for in the Client account at the time of the receipt of a Client letter.

    5. The client account must be in good standing before any Secretarial or Accountancy Service can be performed.
      All filings shall be done electronically unless otherwise stated and only for companies limited by shares.
      Purchase of any of the Secretarial Services (which shall include Accountancy Services) will give the Client the right to receive the purchased Service only if the Secretarial Service is bought at least 14 days before any secretarial submission is due and the Accountancy Service is bought at least 30 days before any accountancy submission is due and only if the Client responds to communications from the Company in a timely manner.

      1. i. The Company accepts no liability for errors or delays in Secretarial Services’ processing. It is the Client’s responsibility to check data validity before authorising the Company to submit it to UK government agencies or other third parties.

      2. ii. The ‘Confirmation Statement & PSC Submissions For Life Service’ and ‘Dormant Company Accounts For Life Service’ offerings shall mean that the Client shall be eligible for only one such submission of each type during each 12 month period. These offerings, here termed ‘Lifetime Service Offerings’, shall be provided at the sole discretion of the Company. The form, components, duration and termination of these Offerings may be subject to change without notice.

      3. iii. The Company reserves the right to request further payments for any secretarial Services if parallel or extra submissions to Companies House or HMRC are required to finalise the Service execution.

    6. Access to the meeting rooms at the Company’s Offices are subject to availability.

      1. i. A minimum block of hours must be booked, and the invoice fully paid, at least 24 hours in advance before a meeting room booking is confirmed..

    7. All services are purchased for the duration specified and expire at its end. If services are added before the account expiry date they will expire at the account expiry date. The Company may then, at its sole discretion, add credit as compensation to the account, the nature and value of said credit to be defined by the Company.

  4. Company Formation

    1. The Company will make use of its proprietary and bespoke electronic filing facility on its Website to incorporate a new Limited Liability company (of the designation ‘Ltd’ or ‘Limited’ only) through the Registrar of Companies.

    2. The Company’s Website will present the Client a range of choices during the incorporation submission process. It is the responsibility of the Client to understand the choices offered and their adequacy before proceeding with the submission.

    3. The Company uses the standard Articles of Association document provided by Companies House as default for all companies formed on its Website.

    4. The Company does not take responsibility for acceptance by Companies House of the submitted company name if the said name is not legally acceptable.

    5. 1 (One) company incorporation service purchase grants the Client three submission attempts in total.

    6. If the company formation process on the Website leads to errors which are the fault of the software itself, the Company will rectify the issue or/and provide a full refund, upon request.

    7. The Company accepts no liability for consequent loss of business or reputation as a result of errors on the Website and the formation software(s) used by the Company.

    8. Companies incorporated at our Thistle St. address in Scotland will be in a separate legal jurisdiction regulated by Scottish law and thus cannot be thereafter transferred to England & Wales.

  5. Fees

    1. Fees are payable monthly or annually in advance as indicated on the Website.

    2. The Company reserves the right to vary the fees periodically without notice.

    3. If the Client registers on an incorrect tariff or selects the wrong Service the Company will invoice the Client for the difference before activating the Services.

    4. A new registration fee applies if the Client changes their mail forwarding address to an overseas address from a UK address.

    5. There may be additional fees charged for administrative duties incurred due to changes to the Client’s account such as change of mail forwarding address and parcel forwarding.

    6. If the Client wishes to cancel their monthly payments before the expiry of the 12-month agreement then the remainder monthly payments become immediately due.

    7. The Company reserves the right to charge customers’ stored card details any outstanding fees owed, whether such fees are owed due to a technical error on the Website, or due to administrative oversight. The Company also reserves the right to retain Client credit or debit card details to this end until such time as the Client ceases using the Company address or addresses publicly.

    8. The Company reserves the right to pursue unpaid fees through court action and/or use of debt collection agencies.

    9. Clients’ card details are automatically saved by the Company’s payment processors to facilitate automatic account renewals.

    10. No additional fees are charged for filtering Client’s junk mail, returning to sender unwanted post, or a separate holding fee for mail kept on file for a maximum of 7 days.

  6. Discounts

    1. The Company may offer customers and Clients discounted rates for Services(s) during registration, adding services (post registration) and at account renewal.

    2. Introductory offers are available only at point-of-sale and may not be applied to subsequent purchases.

    3. Existing Clients may not open new accounts to replace old ones, for the same companies or trading names, to take advantage of introductory rates.

    4. Discount codes cannot be used in conjunction with any other offer. Discount codes can only be used once per customer, per transaction.

  7. Account Renewal

    1. All services are renewable on an annual basis at the discretion of the Company.

    2. The Company will notify Clients of the account renewal fee when an account is due to expire or has expired.

    3. Clients who have the auto-renew feature turned on will have their accounts automatically renewed. If paying by direct-debit is active as a payment method in the account our online system will automatically attempt to take payment by this method first and, upon failure of this method, it will attempt any subsequent payment methods the client has listed in their account.

    4. If the Client has any business letter credits left over then credits will carry over to the next year if the account is renewed.

    5. The Company offers no refund for unused business letter credits, renewal credits, accrued affiliate payments and services purchased if the account is not renewed. Account credits of any kind and of any amount will not be paid to the Client if left unclaimed before account expiry.

    6. The Company may vary the renewal fee according to the services purchased and the mail forwarding address of the Client.

    7. A compulsory account renewal is mandated if a Client continues to use the Address past the account expiry date.

    8. If Clients continue to use the Company’s Address without renewing their account then the Company reserves the right to change the client’s mailing address to their home address and consequently levy a £30+VAT administration fee on the account.

    9. The Company has the right to employ a debt collection agency to recover any monies owed. The collection process, in itself, may incur additional fees.

  8. Account Termination

    1. Clients must inform the Company of their intention to terminate the account in writing through opening a new ticket from their online Dashboard or by sending an email to customer support.

      1. i. Any monthly or annual subscriptions will need to be cancelled at least one full month before the anniversary of the subscription date. Any subscription cancellations received after this date will apply to the following year’s subscription.

    2. The Company may terminate an account at any time with immediate effect and without refund if the Company suspects illegal usage of its Address(es) and Service(s) or if the Client is in material breach of these Terms & Conditions.

    3. On termination of an account the Client must cease all use of the Address(es) purchased including, without limitation, from any electronic mail, all promotional activities utilising the Address, with HMRC, Companies House and any other regulatory authority.

    4. The Company shall exercise the right to close any accounts if enquiries related to the account holder(s), company directors & shareholders and business activities are not answered adequately within 14 days of the request.

    5. The Company reserves the right to cancel its Services if the Company receives complaints from law enforcement agencies or the general public or receives visits to our premises from enforcement officers.

    6. The Company may inform law enforcement agencies if there is cause to suspect the Address(es) is/are being used for any illegal purpose.

    7. The Company reserves the right to cancel Services if we decide it is being abused with regard to the quantity or quality of the mail we need to process on behalf of a Client.

    8. Termination shall be without prejudice to the accrued rights of the parties as at the date of termination.

  9. Refunds

    1. The Registered Office Address & Director’s Service Address fee will be refunded if the address has not been used to register a company or director’s service address and only within 14 calendar days of the initial purchase date.

    2. Business Address Service fee will only be refunded if the address has not been used and only within 14 calendar days of the initial purchase date. Unused mail credits will not be refunded. 

    3. Company formation, certificate printing and all secretarial service fees are non-refundable unless the Company was not able to provide these services during the term of the account.

    4. No refund will be made of any payment after 14 days from the date of purchase.

    5. Refund requests for services delivered by partners of the Company must be addressed to the partner directly.

    6. If in the unlikely event the Company decides to close down an Address, the Company will give at least 30 days’ notice, when possible, and refund in full any remaining unused months of the annual fee, if paid in advance.

    7. The Company will honour the Money Back Guarantee by refunding the difference to the Client as renewal credit if valid details of the website or company which is providing the same service for less money is proven.

      1. i. The money-back guarantee is only applicable to new registration purchases at the time and date of the initial account purchase transaction.

    8. The method of refund is at the Company’s discretion and any bank charges incurred will be deducted from the amount being refunded.

  10. Affiliates

    1. All customers are automatically enrolled in the Company’s affiliate program with every new account creation.

    2. The Company may make changes to the affiliate program at any time. The changes may include, but are not limited to, changes in referral fees, fee schedules, payment procedures and program rules.

    3. Commission earnings will be accrued on the account for the duration of the account term and may, at the discretion of the company, revert to zero if the earnings are not claimed before account expiry.

    4. Clients can only invoice the Company if their current unpaid commission has reached or exceeds £100 GBP.

    5. If the Client has been awarded renewal credits on the account then this will also be displayed on Clients’ Dashboard as a total sum of earnings accrued on the account.

    6. The Company will only make payments to affiliates into their designated bank account or PayPal account. Any transaction charges will be deducted before processing commission payments.

    7. Any returned cheques, chargebacks or fees from a returned order will be adjusted in the affiliate account.

    8. The Company will not be liable for any indirect damages, loss of revenue, profits or data arising in connection with the running of the affiliate program.

    9. Affiliates are not permitted to publicise their affiliate code using mass unsolicited promotional methods. Any violation of this policy may result in the affiliate being immediately dismissed from the affiliate program with all unpaid commissions being forfeited.

    10. The Company does not express or imply any warranties or representations in respect of the affiliate program or an affiliate’s potential to earn income from the program.

    11. The Company makes no representation that either the Website or the affiliate program itself will be uninterrupted or error-free and will not accept liability for any consequences of interruptions such as postal strikes, website down-time and so on.

  11. Indemnity

    1. To the maximum extent permitted by applicable law, the Company will not be liable to the Client for any special or consequential loss or damage arising out of or resulting from the performance or breach of this Agreement.

    2. The Company shall not be liable to or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay failure or loss was due to any cause beyond the Company’s reasonable control.

    3. The Client herewith expressly agree to waive, and not to claim for damages, direct, indirect, punitive, special or consequential, including, but not limited to, lost business, revenue, profits or data, for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from failure of any and all courier service to deliver on time or otherwise deliver any items (mail, packages, etc.) or any interruption of services.

    4. The Client agrees to indemnify and keep the Company indemnified against all actions, claims, proceedings, costs, damages and expenses (including, without limitation, legal fees) arising out of the breach of any of the warranties contained within this Agreement.

    5. Due to the type of service the Company provides, any compensation claim shall be limited to one month’s service (one twelfth of the annual fee).

    6. By accepting these terms, the Client agrees to fully indemnify the Company from any claim, for whatever reason, from a third party, including partner services, and that any such claim will be handled solely and completely between the Client and the third party.

  12. Intellectual Property Rights

    1. Nothing in this Agreement is intended to or shall be deemed to transfer any Intellectual Property Rights in the Address or Services to the Client. Any goodwill that may arise by virtue of the Client’s use of the Address shall vest in the Company automatically upon creation.

    2. The Client may not use the name Registered Address or International House or the telephone numbers and the domain names which resolve to the Website or the Address provided by the Company for any purposes save as expressly permitted by this Agreement.

    3. The Company reserves the right to refuse to provide Services to any person with a company name or trading name which, at its absolute discretion, it considers to be confusingly similar to any name or trademark used or likely to be used by the Company.

  13. Change of Terms and Conditions


    1. These terms and conditions are subject to change without notice.

    2. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.

    3. Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.

    4. The Company will notify all Clients of any significant change via email. If upon receiving the email no action is taken, then the Company will consider the Client’s continued use of its Address and Services as acceptance of Terms and Conditions.

 

Purchases made online

TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01787312064.

 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Starfish

Organisers Limited whose trading name is Breakout a company registered in England and Wales under number

10191822 whose registered office is at 10 Little St Marys, Long Melford Sudbury, Suffolk, CO10 9LB with email

address hello@breakoutlongmelford.co.uk; telephone number 01787312064; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these

Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and

Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to

complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract

and are at least 18 years old.

 

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website www.breakoutservices.co.uk on which the Goods are advertised.

 

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

16. We retain and use all information strictly under the Privacy Policy.

17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

21. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

 

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

25. Prices and charges include VAT at the rate applicable at the time of the Order.

26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately orotherwise before delivery of the Goods.

 

Delivery

27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order

for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)

without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and

Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal, returns and cancellation

38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

a newspaper, periodical or magazine except subscription contracts for the supply of them;

goods that are made to your specifications or are clearly personalised;

goods which are liable to deteriorate or expire rapidly.

40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, ifthe goods become unsealed after delivery; in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

 

Right to cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.breakoutservices.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation in the cancellation period

46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

 

Deduction for Goods supplied

47. 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 (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

 

Timing of reimbursement

48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you any Goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods

or hand them over to us at 10 Little St Marys, Long Melford Sudbury, Suffolk, CO10 9LB without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

52. For the purposes of these Cancellation Rights, these words have the following meanings: distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity and Guarantee

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

54. Upon delivery, the Goods will:

be of satisfactory quality;

be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you

made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)

and be fit for any purpose held out by us or set out in the Contract; and conform to their description.

55. It is not a failure to conform if the failure has its origin in your materials.

56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

 

Successors and our sub-contractors

57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

58. In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and

the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the

Customer’s above rights relating to delivery and any right to cancel, below.

 

Privacy

59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

60. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy

(https://breakoutservices.co.uk/cookie-policy) and cookies policy (https://breakoutservices.co.uk/cookie-policy).

61. For the purposes of these Terms and Conditions:

‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

‘GDPR’ means the UK General Data Protection Regulation.

‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

62. We are a Data Controller of the Personal Data we Process in providing Goods to you.

63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the

course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

we will only Process Personal Data for the purposes identified;

we will respect your rights in relation to your Personal Data; and

we will implement technical and organisational measures to ensure your Personal Data is secure.

64. For any enquiries or complaints regarding data privacy, you can e-mail: hello@breakoutlongmelford.co.uk.

 

Excluding liability

65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury

caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

68. We try to avoid any dispute, so we deal with complaints in the following way: If you are dissatisfied with your product or service, please email us at hello@breakoutlongmelford.co.uk in the first instance, and we will aim to respond to your enquiry within 5 working days.