The 401 Challenge Ltd
TERMS AND CONDITIONS OF SALE


This page (together with the documents referred to on it) outline the terms and conditions on which we supply any of the products listed on our website. Please read these terms and conditions carefully before ordering from our site.

You should understand that by ordering from us, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. When you order Products from us you must accept these terms and conditions. If you do not accept these terms and conditions, you will not be able to order from our site. These special terms and conditions only apply to Products ordered from this website.

 

Who are we?

  • “The 401 Challenge” or “401” or “we”, “our” means The 401 Challenge Ltd.
  • The 401 Challenge Ltd is a private limited company which is registered in England and Wales (10748477). Our registered company address is F06b Pure Offices, Kestrel Court, Harbour Road, Portishead, BS20 7AN
  • We operate the website at www.the401challenge.co.uk

 

Your Status

  • By placing an order through our site, you agree that:
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old

 

How a contract of sale is formed between you and The 401 Challenge

  • All orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an email that confirms that the Product has been ordered (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. Once we have sent the Order Confirmation you will be committed to your order and you will not be able to change it.
  • The Contract will relate only to those Products whose Order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the Order of these Products has been confirmed in a separate Order Confirmation.
  • Please make sure that our emails can get to you. For example, you should make sure that [email protected] is set up as a safe sender if you use email filtering software.

 

Consumer Rights

  • If you are contracting as a consumer, you may return Products to us at any time within 30 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
  • You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have the right to be compensated by you.

 

Availability and Shipping

  • Your order will be fulfilled by the shipping date set out in the Order Confirmation or, if no shipping date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

 

Risk and Title

  • The Products will be at your risk from the time of shipping to you at the address given on the Order Confirmation.
  • Ownership of the Products will only pass to you when we receive full payment for the Products, including shipping charges.

 

Price and Payment

  • The price of the Products and our shipping charges will be as quoted on our site except in cases of obvious error.
  • Product prices include VAT.
  • Product prices and shipping charges are liable to change at any time, but changes will not affect orders where we have already sent you an Order Confirmation.
  • Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally check prices as part of our Order procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when Ordering the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you before Ordering the Product, or reject your order and tell you of that rejection.
  • We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
  • Payment for all Products can be made by all major credit and debit cards and other forms of electronic payment. Our main payment platform is Stripe.
  • Information security is very important to us. We will never ask for your payment details by email. Please make sure you only ever disclose your payment and personal details via a secure server. Never disclose your credit card number, PIN number or password to someone else to give to us. Make sure you log out of your account when you have finished shopping.

 

Our Refund and Exchange Policy

  • If you return a Product to us:
  • You should contact us at [email protected] quoting your order confirmation number
  • Because you have told us you want to return the Products during the cooling-off period (see clause 4a above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave formal notice of cancellation. You will be responsible for the cost of returning the item to us.
  • If you are returning Products to us please include all of the original packaging (including any box the Products were in and any outside delivery package, if it is still in a suitable condition).
  • We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  • If you want to exchange an item:
  • We offer exchanges for returned Products.
  • If you want to exchange your Products you should contact us at [email protected] quoting your order number and product exchange information. You will be asked to follow the returns process as above.
  • Once we receive your returned item/s, we will post you exchanged items.
  • If additional payment is required we will send you a link to make this additional payment, if a refund is required we will automatically make this refund to the payment method used – your products will not be sent until payment has been made/refunded.

 

Warranty

  • We promise to you that any Product purchased from us through our site will, on shipping conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied according to UK Law.

 

Our Liability

  • If we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products
  • We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
  • loss of income or revenue;
  • loss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time.
  • However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause.
  • Nothing in this agreement excludes or limits our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the UK Sale of Goods Act 1979
  • defective products under the UK Consumer Protection Act 1987; or any similar legislation with a similar effect which applies to the Contract;
  • any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

Sending Products to another country

  • We will only ship Products to countries where we are able to. If you ask us to send Products to a different country from where you are based you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any laws.

 

Written Communications

  • Laws in some countries require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.
  • We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that those communications be in writing. This condition does not affect your statutory rights, full details regarding your personal data can be found in our Privacy Policy.

 

Transfer of Rights and Obligations

  • The Contract between you and us is binding on you and us and on our respective successors and assignees.
  • You may NOT transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We may do any of these things either with the rest of our business or in a separate transaction. For example, we may split off the Contracts we have entered into from the rest of our business. If a transfer of obligations takes place other than as part of a transfer of our business, you are entitled to terminate the agreement.

 

Events Outside Our Control

  • We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
  • Impossibility of the use of railways, delivery, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks; and
  • The acts, decrees, legislation, regulations or restrictions of any government.
  • Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which we can continue to supply Products despite the Force Majeure Event. Please note that we may continue to offer Products for sale despite there being a Force Majeure Event impacting shipping.

 

Waiver

  • If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of our rights or remedies and will not relieve you from compliance with your obligations unless it is expressly stated to be a waiver and is communicated to you in writing

 

Severability

  • If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire agreement

  • When using our site and ordering from us you are also agreeing to the terms of our Privacy Policy
  • These terms and conditions and any document referred to in them, form the whole agreement between us (except for the Privacy Policy and Website Access Agreement) and (except for these two agreements) supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
  • We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
  • Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  • Nothing in this clause limits or excludes any liability for fraud.

 

Our right to vary these Terms and Conditions

  • We have the right to revise and amend these terms and conditions including by making changes to the Serviced Countries, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
  • You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

Law and Jurisdiction

  • Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by British law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the United Kingdom.

 

Contacting Us

  • If at any point you wish to contact The 401 Challenge to ask a question or make a complaint, then please fill in our ‘Contact Us’ form.
  • You can drop us an email to [email protected]
  • Or send us a letter to The 401 Challenge, F06b Pure Offices, Kestrel Court, Harbour Road, Portishead, North Somerset, BS20 7AN