Terms and Conditions for the Supply of Goods and Services to Consumers and/or Trader

Who are we

We are OVERFINCH LIMITED, incorporated and registered in England and Wales with company number 03341094 whose registered office is at 151 – 153 Park Road, St John’s Wood, London, NW8 7HT, England (UK). (“Overfinch”). Our VAT number is: 686590776.

B. How to contact us: You can contact us by sending an email to:

• General Contact email: [email protected].
• For any queries relating to a submitted order contact us by sending an email to: Parts / Returns Contact email: [email protected].
• Contact Telephone No.: +44 (0) 207 4166 199.

In these terms please note that:

 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Overfinch, and any reference to ‘you’ or ‘your’ is to the person placing an order with us by phone, email and/or on our website.

You must be over 18 years of age to be able to place an order with us and when you place the order you must specify if you are a Consumer or Trader (as defined below).

Under these terms the following applies:

• Goods: the products that we, Overfinch, are selling to you as set out in the Order.
• Land Rover: the goods specified in the order supplied and/or manufactured by the Jaguar Land Rover Group.
• Order: your order for the Goods as set out in the order form and which we have accepted.
• Order Confirmation: shall have the meaning set out in clause 1.3; and
• Services: means the services that we, Overfinch, are providing to you as set out in the Order.
• a person who is a:
• “Trader” means an individual or company acting in a commercial context and/or trading as a business, whether acting individually or through another person acting in the trader's name or on the trader's behalf; or
•  “Consumer” means:

- If you buy Goods from us and are a private individual for your own use in Great Britain (not working in any form of commercial context and/or trading as a business).
- A individual claiming that they are acting for purposes wholly or mainly outside the individual's trade, business, craft or profession must prove it.
- Consumer rights are applicable to Consumers in Great Britain only. 

Restrictions on Use: Any Goods or Services are provided to you for your domestic and personal use only if you are a Consumer. Unless you are a Trader - you must not use our Goods or Services for commercial, business or resale purposes. Traders must note that there is a limited warranty available to them. If you have any queries, please do not hesitate to ask at the time of placing an order with us. 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 and we accept the order.

Any interactions with us are governed by English law.

The Goods and Services we offer, together with these terms and our other terms and policies can be viewed on our website at: www.overfinch.com (our “Website”). In addition to these terms if you have used our Website to submit an order - our Website Terms of Use / our Privacy policy shall also apply.

These terms apply to any purchases you make with Overfinch but please note that the some sections (below) only apply to the type of purchase you make with us. Please read them carefully before you place any orders, as they set out important information about your and our rights and obligations.

Please print out or save a copy of these terms and any emails from us for your records,. These terms are only available in English.

PLEASE NOTE: You must agree to these terms before you place your order.

You must be at least 18 years old and a resident of a territory we may supply to, to place an order with us either directly or through our website.

Your attention is particularly drawn to clause 19 (Our responsibility to you) of these terms, which sets out important limits and exclusions of our liability to you depending on whether you are a Consumer or Trader.

1 Orders

1.1 Please check your order carefully and correct any errors before you submit it to us.

1.2 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 Goods or Services from us on these terms.

1.3 Acceptance of your order by us takes place when we send you an Order Confirmation email, at which point a legally binding contract is formed between you and us on these terms. We shall assign an order number / reference to the Order and inform you of it in the Order Confirmation. Please quote the order number / reference in all subsequent correspondence with us relating to the Order.

1.4 If we do not accept your order, for example: because we are unable to take payment; what you’ve ordered is unavailable; you live in a territory we are currently unable to supply to or there has been a mistake regarding the pricing or description of the Goods or Services; 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.

1.5 If we are making any bespoke or personalised Goods for you which are based on specific colourways, materials, measurements or other information you provide to us, you are responsible for ensuring that the information is correct. (See clause 6 - MADE TO MEASURE AND BESPOKE SPECIFICATION GOODS).

1.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 1.3. A quotation shall be valid for a period of five (5) calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

2 Availability

2.1 All orders are subject to availability.

2.2 We cannot guarantee that any Goods or Services will be available at any given time. We also cannot guarantee that access to services will be uninterrupted, error free or secure. For example, access to our website order service may be temporarily unavailable while we carry out maintenance or for other technical reasons.

2.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law (see also clause 18), we may need to stop supplying certain Goods or Services. If this happens and it affects your Order, we will notify you by email, cancel your Order and:

2.3.1 in respect of any affected Services, provide you with a refund of any advance payments made by you for any affected Services that have not yet been provided; and

2.3.2 in respect of any affected Goods or Service, provide you with a full refund (including any delivery costs, if applicable).

2.4 Cherished Number Plates: Please note that where the Goods have a personalised or cherished number plate, unless stated on the face of our Order Confirmation, you shall not be entitled to assume that such number plate is available with the Goods and you will provide all reasonable assistance to us to facilitate transfer of the registration.

3 Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order but please note that changes may affect any quotation (including delivery times) you have received previously from us.

4 Descriptions

4.1 Descriptions of our Goods and Services are set out on our website or on our authorised seller website. Please read the descriptions carefully.

4.2 Any samples, drawings, pictures, images or advertising we issue and any illustrations contained in our configurators, any other sales or marketing materials, brochures (physical or contained on our website or authorised third party websites) are produced solely to provide you with an approximate idea of the Goods (and the packaging) they describe and are not intended to be relied on and are solely for illustration purposes only. Your Goods and their packaging may vary slightly from those displayed by us.

4.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Goods. The colours of the Goods displayed on our Website or third party websites may vary depending on what device you are using and your settings.

4.4 All weights, sizes and measurements for Goods set out on our Website are as accurate as possible but there may be a small tolerance difference,

4.5 Prior to signing the Order Confirmation form, you shall examine the Goods to be purchased (if such are available for inspection) and you are reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects as have been notified by us you, the condition of satisfactory quality referred to above will not operate in relation to those defects.

4.6 You confirm that you have satisfied yourself as to the suitability of the Goods for the requirements and have not relied upon our skills or knowledge to judge the Goods’ fitness for any particular purpose or use.

5 Consumer Rights

5.1 If you buy Goods from us as a Consumer, then you may have further rights as a “consumer”. As a Consumer, we have a legal obligation to supply goods that are in conformity with the contract. Before signing the Order Confirmation, you should seek independent legal advice regarding its contents. Advice about your legal rights under these Terms is available at your local legal advice centre (for example: Citizen’s Advice Bureau or Trading Standards office).

5.2 If Goods are faulty, the processes and timescales above under 'Cancellation and returns' do not apply, and we will deal with the problem according to your Consumer buying rights. If you think there is a problem with Goods purchased from us, please contact our Customer Services Department (detailed previously).

5.3 Restrictions on Use: Any Goods or Services are provided to you for your domestic and personal use only if you are a Consumer. Unless you are a Trader - you must not use our Goods or Services for commercial, business or resale purposes. Please note that as a Trader you have a limited Warranty (as detailed previously). If you have any queries, please do not hesitate to ask at the time of placing an order with us.

6 Made to Measure /Bespoke Specification Goods

6.1 With respect to our made to measure or bespoke specification good service, please note that we make those Goods according to the measurements and / or bespoke specifications you provide and / or request and in doing so we may have no ability to reuse or resell the Goods (nor materials used within them).

6.2 Please make sure your measurements and bespoke specifications are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure and / or bespoke Goods if the reason for the return is because you provided us with incorrect specifications. However, this will not affect your legal rights as a Consumer in relation to made-to-measure and bespoke specification Goods that are faulty or not as described.

6.3 If we provide you with bespoke or made to measure Goods, please note that the IPR (see clause 22) including copyright and design of the item, any imagery of it (as well as any drawings and graphics) are owned by us. You may not use the item commercially without our prior consent.

7 Delivery of goods

7.1 We will deliver your Goods to the address specified by you when you placed your order and as contained in the Order Confirmation.

7.2 If no one is available to take delivery, we will follow the delivery instructions you provided to us. With respect to Goods that are parts only, if you are a Consumer and the Goods are non-Bespoke, in the event that a delivery attempt is unsuccessful or we are unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the Goods (less the costs of the delivery charge we have incurred).

7.2.1 For the avoidance of doubt this does not apply to:

(a) Vehicles Goods sales which the Vehicle supplied in its entirety; and or

(b) any Goods sold to Traders.

7.3 Please examine the goods as soon as reasonably possible after delivery and notify us of any fault or damage immediately by sending an email to: [email protected]

7.4 Once your Order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the Goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the Goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.

8 Delivery dates and costs

8.1 For information on delivery options and costs, go to www.overfinch.com. You will be given available delivery options to choose from when you place your order. If we are unable to deliver to your location, we will contact you via email using the details you provided upon submitting your order.

8.2 Your Goods will be delivered on the selected delivery date or within the delivery period specified in the Order Confirmation, depending on the delivery option you chose when you placed your order. Otherwise we will deliver your Order as agreed between you and us. (See also Clause 6 - “Made to Measure and Bespoke” requests).

8.3 Any delivery dates stated during the order process, or in your order acknowledgment or Order Confirmation emails, are estimates, unless we have agreed a specific delivery date with you.

8.4 We will do all that we reasonably can to deliver your Order within the delivery period or on the delivery date agreed with you. 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 because of circumstances beyond our reasonable control (for example, manufacture/stock delays, severe weather, accidents or unpredictable traffic delays and other Force Majeure Event examples shown under clause 18).

9 Providing Services

9.1 We will provide the Services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.

9.2 For Services provided over a period of time, any completion dates stated during the order process, or in your order acknowledgment or Order Confirmation emails, are estimates.

9.3 The Services will be provided at the location as detailed in your Order Confirmation emails.

9.4 Where a delay is caused by circumstances beyond our reasonable control (see Force Majeure Events, clause 18), we will usually try to start or restart the Services as soon as the issue causing the delay has been resolved. If you are a Consumer and the Services are delayed by more than 90 days, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any Services that have not yet been provided.

10 Warranties for our Goods and Services

10.1 Traders only: If you are a Trader, the Consumer warranties (below) do not apply. Please see here the Trader warranties we provide for our Goods and Services. 

10.2 Consumer Warranty: In respect of Goods that are fitted to:

• a new Land Rover vehicle (being a vehicle that is to be delivered to its first retail customer) our warranty is found here: - add; or
• a used Land Rover vehicle (being a vehicle that has exceeded one thousand (1000) miles or one (1) calendar month has expired since the date of purchase of the vehicle by the first retail customer (whichever comes first).

that our Goods we supply shall:

(a) conform in material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents;

(b) be of satisfactory quality;

(c) be fit for the purpose we say our Goods are fit for or for any reasonable purpose for which you use them;

(d) be free from material defects in design, material and workmanship; and

(e) comply with all applicable statutory and regulatory requirements for selling such goods in Great Britain;

10.3 This warranty is in addition to your legal rights in relation to our Goods which are faulty or which otherwise do not conform with these terms.

10.4 Our warranty does not apply to any defect in our Goods arising from fair wear and tear, wilful damage, accident, abuse, negligence by you or any third party, negligent installation by you or any third party, if you use our Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval or any other circumstance as detailed in the Overfinch Warranty.

10.5 We will take reasonable steps to pack the Goods, where appropriate, properly to ensure that you receive your Order in good condition.

10.6 These terms also apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods you receive are faulty or do not otherwise conform with these terms.

10.7 Please note that you should make any warranty claim in respect of faulty Land Rover goods that we supply, directly to the manufacturer (Jaguar Land Rover). Whilst we will not be liable in respect of faulty Land Rover goods we may assist you in making any such claim (if necessary). In the event that Land Rover reasonably refuses to repair or replace the faulty Land Rover goods as a result of you purchasing and us having installed our Goods and this has had a direct impact on the functionality of your vehicle then we shall process a valid claim at our sole discretion in accordance with clause 10.2.

10.8 In respect of any other Goods, manufactured by a third party, as we reasonably are able we shall transfer or pass over to you the benefit of any guarantee or warranty which may have been given by the manufacturer of those Goods to us.

10.9 Please note that any goods you supply for us to install will not be warranted.

11 Prices

11.1 Prices for our Goods and Services are set out on our website or on our authorised third party sellers website or other third party resale platforms that we may use from time to time or detailed in any quote we issue to you. All prices are in pounds sterling (£)(GBP) and include VAT if you are within Great Britain at the applicable rate as stated, but exclude delivery charges and any other duties, taxes and levies that may be imposed from time to time. For information on delivery options and costs, go to www.overfinch.com.

11.2 Prices for our Goods, or Services, as well as delivery charges, may change at any time. Except as set out in clause 11.3 below, such changes will not affect existing Orders accepted by us.

11.3 If there has been an error on the Website regarding the pricing of any of our Goods or Services 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.

12 Payment

12.1 Depending on the order method you use, we accept the following:

12.1.1 For Orders made through our Wesbite (online):

• We accept the following Debit or Credit cards: AMERICAN EXPRESS, DISCOVER, DINER’S CLUB INTERNATIONAL, ELO, JCB, MASTERCARD, VISA or UNION PAY;
• Payment plans through the following: CLEARPAY or KLARNA;

For Orders made by phone, email or in-person:

• Debit or credit card – we accept the following: AMERICAN EXPRESS, DISCOVER, DINER’S CLUB INTERNATIONAL, ELO, JCB, MASTERCARD, VISA or UNION PAY;
• Bank Transfer (dependant on bank pre-authorisation); or
• You can also pay by PAYPAL or APPLE PAY.

12.1.2 Please note that all payments need to be authorised by your relevant issuer and are subject to your issuer’s credit limits. All payments are to be made in GBP (£) Sterling only.

12.2 Any Goods you buy from us must be paid for in advance:

12.2.1 with respect to online orders only, we will take payment from your card (or other stated payment method), before we send you your Order Confirmation email; and

12.2.2 for all other types of orders, payment must be made in accordance with the payment plan detailed in your Order.

12.3 If you are buying Services from us, we require an advance payment of the total cost for the Services when you place your order. We will take this payment from your payment card (or other stated payment method) before we send you your Order Confirmation email.

12.4 If we are unable to take payment from your card, 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 request and notify you by email.

12.5 If you are buying Services from us, we will invoice you for the remaining amount after we have completed the Services. Your invoice will be sent to the email address you provided when you placed your order and must be paid by you within five (5) days of receipt.

12.6 If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of four percentage (4%) points per year above Barclays Bank plc’s base rate.

13 Consumer right to cancel 

13.1 Except in the circumstances listed in clause 13.2, you have the right to change your mind and cancel your Order as follows if you are a Consumer:

13.1.1 in respect of Orders for Goods, you have fourteen (14) days from the delivery date to cancel your order; and

13.1.2 in respect of orders for services, you have fourteen (14) days from the date of your order confirmation email to cancel your order.

13.2 You do not have the right to cancel Orders for perishable, Made to Measure, bespoke specification or personalised Goods.

13.3 You also lose your right to cancel in the following circumstances:

13.3.1 if you remove or break a protective or hygiene seal attached to any Goods; or

13.3.2 if you requested for us to start providing the services during the fourteen (14) day cancellation period and the services are fully performed during this period.

13.4 To cancel your Order, please contact us via the contact details provided in Section B (at start, above). To help us process your cancellation more quickly, please have your Order number ready or include it in the email you send to us.

14 Our Returns Policy

14.1. Each Order is checked for accuracy, packaged accordingly to industry standards, and shipped using the reputable carriers available. However, occasionally mistakes do happen.

14.1.1 Inspect Delivery: Before signing for a package or freight shipment, it is your responsibility to inspect the delivery for visible signs of damage such as:

• Torn or punctured cardboard or stretch wrap
• Broken or crushed corners
• Broken pallet
• Consignment stacked askew or shifted on a pallet
• Broken “Overfinch” security tape

14.1.2 If damage is found please immediately write down description of damage on the delivery receipt, inform the carrier and take pictures of the damage. Please note if damage is not recorded and brought to the carrier’s attention, the carrier will not honour any damage claim.

14.1.3 If the carrier is willing to wait, open the shipment and inspect items. Note any internal damage on the delivery receipt and inform the carrier.

14.1.4 Sign for the delivery and contact Overfinch within forty-eight (48) Hours of acceptance of the Goods to file a claim.

14.2 Verify Your Order: When you open the package compare the items shipped with the “Packing List” included with your shipment and verify that your Order has been received. If there is an overage or shortage of items, contact Overfinch within forty-eight (48) hours to file a customer service claim.

14.3 For an Overage or Shortage claim: Immediately after inspecting your Order, report any discrepancies between your packing list and the contents of your shipment.

14.4 For Shipping Damage: Immediately after reporting damage to the carrier, please contact please contact our Parts Department as per contact details provided at Section B (at start, above).

14.4.1 You will be asked to send the following:

(a) Pictures of the damaged packaging and product; and

(b) a copy of the Delivery Receipt and bill of Lading.

14.4.2 Once the claim has been filed with the carrier, you may be contacted by the carrier for the damage inspection. For a successful inspection, you must keep all original packaging and damaged product until the claim has been settled.

14.4.3 We will expedite any Order of replacement items for damaged product. Your account will be credited these items upon completion of the claim.

14.5 Returning Goods purchased Online/ by Telephone or Email if you cancel your Order (Consumers only)

14.5.1 If you are a Consumer and wish to cancel an Order for Goods and you have already received your Order (provided they are not bespoke or made to measure Goods), you must return the Goods to us within fourteen (14) days of telling us that you want to cancel your order.

14.5.2 The deadline is met if you send the Goods back to us before the fourteen (14) day period has expired.

14.5.3. You must get proof of postage. Until it is received by us, you are liable for the Goods and so therefore must ensure you have sufficient value cover insurance for the returning Goods. We will withhold the refund until we have received the Goods back from you and we have checked and are satisfied with their condition.

14.5.4 Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the Goods while they are in your possession.

14.6 For information on how to return Goods to us, please see our Delivery and Returns Policy here.

15 Refunds if you cancel your Order (under clause 14)

15.1 If you are a Consumer and you exercise your right to cancel under clause 14, we will provide you with a refund as soon as possible.

15.2 Your refund will be subject to the following deductions:

15.2.1 if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery;

15.2.2 if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value; and

15.2.3 if services have been provided during the fourteen (14) day cancellation period at your request, we will make deductions from any refund due to you for the Services we provided up to the time that you told us that you want to cancel, if applicable.

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

15.4 If the right to cancel does not apply because of one of the circumstances listed in clause 14.2, you will not be entitled to a refund unless the Goods or Services are faulty. See clause 17 below.

16 Faulty Goods or Services

16.1 We have a legal duty to supply Goods or Services that are in conformity with our contract with you. Therefore, any Goods or Services that we provide to you must be as described, fit for purpose and of satisfactory quality. Any Services that we provide to you must be provided with reasonable care and skill. If we provide installation services for Goods you have purchased from us, the Goods must be installed correctly.

16.2 If there is a problem with any Goods or Services we have supplied please contact the Parts Department as per the contact details stated in Section B (at start, above), as soon as reasonably possibly.

16.3 In the event that you are a Great Britain Consumer your statutory rights are not affected. For more detailed information on your statutory rights as a Great Britain Consumer visit the Citizens Advice website at www.citizensadvice.org.uk.

17 Part Exchange vehicles

17.1 In the event that we agree to accept a used motor vehicle from you as part payment for the price of the Goods (‘Allowance’) our agreement shall be subject to the following conditions:

17.1.1 you undertaking that:

(a) you have good title to the used motor vehicle and it is unencumbered by any third party interest whatsoever;

(b) you have declared all interests to which the used motor vehicle is subject and whether (if known) the used motor vehicle was when new supplied via the manufacturers official distributor for Great Britain;

(c) the particulars of the used motor vehicle given by you are correct and that so far as you are aware the milometer reading is accurate;

(d) so far as you are aware the motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims;

(e) the used motor vehicle will be delivered in the same condition as at the date it was examined by us (fair wear and tear excepted);

(f) that the used motor vehicle shall be delivered upon collection of the Goods together with any spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Buyer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to;

(g) title to the used motor vehicle shall pass absolutely on delivery to us; and

(h) the exchange value quoted by Us shall be binding on us for one (1) calendar month from the estimated date of delivery of the Goods and thereafter, on giving notice to you, may be reduced at a rate of two and a half percent (2.5%) per month, provided the vehicle is delivered in the same condition as valued by us.

17.2 In the event that any of the undertakings in clause 17.1 prove to be untrue, we shall be entitled to revise the amount of the Allowance to reflect such breach and where there is a reduction in the Allowance you shall be liable to pay the difference between the original and reduced Allowance to ensure payment of the price set out in the Order for the Goods or any further corresponding transactions.

18 Events beyond our control

18.1 We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control (“Force Majeure Event”).

18.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our 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 or other natural disaster;
• failure by our suppliers to deliver stocks;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• pandemic or epidemic; or
• manufacturer / supplier product delays.

18.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and We will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

19 Our responsibility to you

19.1 If you are a Consumer:

19.1.1 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).

19.1.2 We are not liable to you for any loss, damage, cost and / or expense that was not foreseeable, any loss, damage, cost and / or expense not caused by our breach or negligence, or any business loss, damage, cost and / or expense and / or any other direct, indirect or consequential loss, damage, cost or expense.

19.2 If you are a Trader:

19.2.1 If we breach these terms, we are not liable to you for any loss, damage, cost and / or expense that was either foreseeable or non-foreseeable, direct, indirect or consequential, any loss, damage, cost and / or expense howsoever caused, or any business loss, damage, cost and / or expense;

19.2.2 If we are negligent, our total liability under this agreement will be limited to the total price of the Goods or Services.

19.3 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.

20 Your Insurance duty

Please note that it is your duty to notify your insurer regarding any modifications made to your vehicle and to check whether they affect your vehicle manufacturers warranty. Overfinch cannot advise you if acquiring these Goods or Services to modify your vehicle will comply with your insurance requirements nor that such modifications may affect your vehicle warranty.

21 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

22 Our Intellectual Property Rights (“IPR”)

Our Goods and Services (including but not limited to their design, imagery of it together with any drawings and graphics), our Website (including its entire contents and any downloadable content derived in any format), “OVERFINCH”/”OVERFINCH HERITAGE” (logo and word marks, and related marks) are the property of Overfinch Limited, its licensors or other any third-party providers of such material, and are protected by the applicable copyright, trade mark, design, trade secret and other intellectual property or proprietary rights laws. No rights to use our IPR is granted without the prior written approval of Overfinch (at its absolute discretion). All rights are reserved to Overfinch.

23 No third party rights

No one other than us or you has any right to enforce any of these terms.

24 Transfer of rights

24.1 We may transfer and/or assign any or all our rights and/or obligations under these terms to a third party without your consent. If you are a Consumer we will notify you of the transfer and/or assignment and we will make sure that your rights are not adversely affected as a result.

24.2 You are not allowed to transfer your rights or obligations under these terms to anyone without our prior written consent, which we will not withhold unreasonably.

25 Complaints

If you are unhappy with us or the Goods or Services we have provided to you, please write to us at the email address stated in Section B (at start, above).

26 Governing law and jurisdiction.

26.1 The laws of England and Wales apply to these terms.

26.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of Great Britain in which you live. If you do not live in Great Britain, then you will still need to bring any action under English law as this agreement is made under the laws of England and Wales.