TERMS OF SALE

These Terms of Sale apply to the contractual relationship between you, the customer, and Paxonomy Limited (“us” or “we”), a company registered in England and Wales with company number 11566039, of Winterman House 11 Old’s Approach, Tolpits Lane, Watford, Middlesex, United Kingdom, WD18 9QY and VAT Registration Number 314 2319 41, trading as “Paxonomy”, where you are a consumer.

If you are a business or are acting in the course of business, then please refer to the Terms of Business below. 

Use of the Paxonomy website itself is subject to our Terms of Use and Privacy and Cookies Policy (as appropriate (together with these Terms of Supply, the “Terms”)). Please read these Terms carefully. By ordering a product from Paxonomy you agree to these Terms of Sale without limitation or qualification. If you do not agree to these Terms of Sale, then you must not order any Product from the Paxonomy Website.

1. Product

We have taken reasonable steps to depict Products accurately on our Website but it may be that these images differ slightly from the Products in respect of colour, shade, configuration, size, or due to differences in the way they are displayed on the screen of your device.

If you have questions about a particular colour, shade, or the appearance of the products on our website please contact our customer service at

customerservices@paxonomy.com

2. Purchasing

You must be at least 18 years old to purchase Products from us.

You can purchase Paxonomy Products by visiting the Website and following prompts on-screen.

If you elect to create an account when ordering from the Website you warrant that all the information you provide is complete, accurate and current. You are responsible for safeguarding your account details and subsequently for any activity that occurs under your credentials.

By confirming your order at checkout you are agreeing to these Terms of Sale and are under obligation to pay for the Product(s).

By clicking the payment button on the checkout page, you enter into an obligation to pay for the Product(s) you have selected. If your payment is accepted by our third-party payment processor, you will receive an email from us acknowledging that we have received your order and payment has been authorised by your card provider. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product and remains subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. Where we accept your order we will confirm this by contacting you to arrange delivery of your Product(s) and sending you an email once the delivery has been arranged. This email will initiate a contractual relationship between you, the customer, and us under these Terms of Sale.

We must receive full payment of goods before we can accept your order.

All orders are subject to acceptance and availability. If at the time you place your order we are unable to fulfil it due to insufficient stock we will notify you promptly at which point you can decide if you prefer to wait for your mattress or cancel your order. We reserve the right to cancel or reject any order due to the unavailability of stock.

We are not responsible for any mistakes made by you when placing your order. It is your responsibility to ensure the details of your order are correct. If you discover an error and your item has not yet been dispatched please contact us immediately and we will make every effort to amend your order.

3. Returns

Due to the sanitary nature of the products and their packaging, we cannot accept returns of any items that have been opened or are not in their original packaging. We reserve the right to refuse a return if, in our opinion, it has been returned in a state that makes it unfit for resale. This does not affect your statutory rights of return under relevant consumer law. 

4. Price

Product prices are displayed on our Website. The price of Products includes applicable UK taxes as well as the cost of delivery within the UK.

All prices on the Website are subject to change. Any changes to pricing will not affect any orders which have already been dispatched.

From time to time we may offer customers “offer codes” or “referral codes” through promotional activities via a variety of channels (together, “offer codes”). These offer codes are redeemable towards a purchase on the Website, subject to these Terms and and other exclusions that may be published on the Website or at the point the offer codes are made available. Codes not supplied by us will not be considered valid.

Offer codes may be used by filling them in to the relevant field on the Website during checkout and are not valid on any other sales channel.

The monetary value of any offer code will not be refunded if any Product is returned nor can offer codes be redeemed for cash or cash equivalents.

5. Payment

We accept payment by Visa, MasterCard and American Express. When you place an order you agree that all of the payment information you provide is true and accurate and that you are authorised to make payments using the card details you have provided.

Payment processing on the Website is handled by a third-party payment processor, Stripe, Inc. Online payment transactions may be subject to validation checks. If your card issuer does not authorise the transaction you will be notified during checkout. 

Payments on the Website are made in British pounds sterling (GBP).

6. Delivery 

According to Distance Selling Regulations, you have a right to receive the goods you have ordered within 30 days of placing your order, unless otherwise agreed between you and us. Where we offer items for pre-order, you accept that delivery times may exceed 30 days.

Deliveries are made by a third-party courier and normally take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 7pm.
If you require expedited delivery please contact us as soon as possible and we will seek to arrange expedited delivery with an alternative courier service.

We will not be liable for any delays resulting from your providing inaccurate or incomplete information.

We cannot deliver orders to PO Boxes.

7. Cancellation

If you need to cancel an order you must do so before it has been dispatched. Please contact us directly and we will make every effort to stop the shipment.

If the order has already been dispatched when you contact us to cancel, you may send it back as a return, in which case you will be liable for the costs of the return delivery.

8. Intellectual Property

Paxonomy owns and controls any proprietary rights or intellectual property in the Website and the content presented on the Website.

You shall not make publicly available images of our mattress where the label and/or logo is visible and based on the context the images could reasonably be deemed disreputable or likely to cause harm to the Paxonomy brand. 

9. Governing Law

These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Liability

PPE items sold by Paxonomy are not medical devices and cannot eliminate the possibility of contracting diseases that may result in injury or death. You agree that Paxonomy will not be held responsible for any death or injury caused while using its PPE products.

Nothing in these Terms of Sale shall limit or exclude liability for death or personal injury resulting from negligence, or for fraudulent misrepresentation. Nothing in these terms shall limit or exclude liability in any way that is not permitted by the Consumer Rights Act 2015 and the Consumer Protection Act 1987, the Sale of Goods Act 1979 or any other applicable laws or regulations.

We will not be liable where damage or loss was caused by events that are not reasonably foreseeable or beyond our control.

11. Waiver

If we elect to waive any of our rights under any section of these Terms of Sale this will not bar us from bringing future claims; if we do not enforce our rights against you this does not negate your contractual obligation to perform in accordance with these Terms of Sale.

12. Severability

If we elect to waive any of our rights under any section of these Terms of Sale this will not bar us from bringing future claims; if we do not enforce our rights against you this does not negate your contractual obligation to perform in accordance with these Terms of Sale.

13. Variation

We may amend these Terms at any time. We will promptly update the Website with any changes and the revised terms will be deemed to take effect on the date they are published which will be noted at the top of the page.

The amendments will not have any bearing on orders placed prior to the date they are published.

We may assign our rights and obligations to another company or organisation however this will not alter any of the agreed Terms between us. You may only transfer your rights and obligations under this contract with our prior agreement in writing.

14. Entire Agreement

These Terms of Sale in conjunction with our Privacy and Cookies Policy and our Terms of Use governing the Website constitute the entire agreement between us.

A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

15. Contacting us

If you have any comments or questions concerning these Terms, please contact us by email at contact@paxonomy.com

TERMS OF BUSINESS for business customers

These terms of business (the “Terms of Business”) apply to the ordering of personal protective equipment and related hygiene products (the “Products”) by you, the customer (the “Customer”) and us, Paper Sail Limited, a company registered in England and Wales with company number 11566039, of Winterman House, 11 Old’s Approach, Tolpits Lane, Watford, Middlesex, United Kingdom, WD18 9QY (“us” or the “Seller”) “the Parties.”

THE PARTIES:

These Terms of Business govern the contractual relationship between you, the Customer, and us, the Seller with regard to the purchase by the Customer of personal protective equipment and related hygiene products offered from time to time on the Paper Sail website (www.papersail.com), where the customer is a business or acting on behalf of a business.

If you are an individual consumer, then the terms of sale governing our contractual relationship with you are covered in our Terms of Sale, above.


THEREFORE, the Parties agree as follows:

Sale of Goods. Seller shall make available for sale and Customer shall purchase the goods (the “Goods”) listed in the pro forma (non-VAT) invoice (the “Pro Forma Invoice”). At the point of ordering the Goods, the Customer shall pay a deposit equal to a proportion of the total purchase price of the Goods, as stated on the Pro Forma Invoice (the “Deposit”).

1. Delivery and Payments

Upon receipt of the Goods into the UK, the Seller shall confirm receipt of the Goods to the Customer. The Seller shall deliver the Goods to the Customer at the premises described in the Pro Forma Invoice once the Customer has paid the remaining [50]% of the purchase price of the Goods. The Goods shall be deemed delivered when Customer has accepted delivery at the above-referenced location. The shipping method shall be determined by Seller, but the Customer will only be responsible for those shipping costs described in the Pro Forma Invoice.

2. Purchase Price & Payments

Seller agrees to sell the Goods to the Customer at the purchase price specified in the Pro Forma Invoice. The Seller will provide a VAT invoice to the Customer at the time of delivery of the Goods.

3. Inspection of Goods & Rejection

the Customer is entitled to inspect the Goods upon delivery. If, in the Customer’s reasonable opinion, the Goods are unacceptable, the Customer must reject them at the time of delivery or up to five (5) business days from the date of delivery. If the Customer has not rejected the Goods within five (5) business days from the date of delivery, the Customer shall have waived any right to reject that specific delivery of Goods.

In the event the Customer rejects the Goods, the Customer shall allow the Seller a reasonable time to cure the deficiency. A reasonable time period shall be determined by industry standards for the particular Goods, as well as by the Seller and the Customer.

4. Risk of Loss

Risk of loss will be on the Seller until the time when the Customer accepts delivery. Seller shall maintain any and all necessary insurance in order to insure the Goods against loss at Seller’s own expense.

5. Title

Title to the Goods will remain with the Seller until the Customer accepts delivery.

6. Excuse for Delay or Failure to Perform

The Seller will not be liable to the Customer for any delay, non-delivery or default under these Terms of Business due to labour disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, pandemics, or any other causes outside of Seller’s control. Seller shall notify the Customer immediately upon realisation that it will not be able to deliver the Goods as promised. Either Party may cancel the order of the Goods upon such notice.

7. Termination

If the Customer cancels the order after payment of [50] % of the purchase price of the Goods, the Customer shall forfeit the [50]% paid.

8. Disclaimer of Warranties

THE GOODS ARE SOLD ‘AS IS’.  THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THESE TERMS OF BUSINESS SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

10. Severability

In the event any provision of these Terms of Business is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of these Terms of Business and all other provisions should continue in full force and effect as valid and enforceable.

11. Waiver

The failure by either party to exercise any right, power or privilege under the terms of these Terms of Business will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

12. Remedies and Legal Fees

In the event of a dispute, the Customer’s sole remedy for any and all losses or damages resulting from defective Goods or from any other cause will be for the purchase price of the particular Goods with respect to which losses or damages are claimed, plus any shipping costs paid by the Customer. In the event such dispute results in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

13. Legal and Binding Terms of Business

These Terms of Business are legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into business under these Terms of Business.

14. Governing Law and Jurisdiction

The Parties agree that these Terms of Business shall be governed by the laws of England and Wales and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Entire Agreement

The Parties acknowledge and agree that these Terms of Business represent the entire contractual relationship and agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

The Parties agree that the Terms of Business set forth above shall become binding on both Parties at the point of payment of the deposit described above.