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Terms Of Sale

LONG WAY UP TERMS OF SALE

THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. CERTAIN TERMS WILL APPLY TO YOU DEPENDING UPON WHERE YOU USE OUR WEBSITE AND WHETHER YOU ARE A CONSUMER OR A BUSINESS CUSTOMER.

  1. INTRODUCTION

    1. We are Long Way Productions Limited, a limited company registered in England and Wales under registration number 12066542 with its registered office at Dalton House, 60 Windsor Avenue, London, United Kingdom, SW19 2RR (Long Way Up, we, us, our).  Our VAT number is 30256634 


    1. These terms of and conditions of sale (Terms of Sale) apply where you purchase any of the products listed on https://shop.longwayup.com (for UK/EU based customers) and https://shopus.longwayup.com (for US based customers) (together, the Website). Please read these Terms of Sale carefully and make sure you understand them before ordering any products from us. Please note that before placing an order you will be asked to agree to these Terms of Sale. If you refuse to accept these Terms of Sale, you will not be able to order any products from us. 

      1. In some areas you will have different rights under these Terms of Sale depending on whether you order from the UK/EU or the US and whether you are a business customer or consumer customer. These differences are clearly distinguished in these Terms of Sale. You are a consumer if: (i) you are an individual AND (ii) you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business customer if you are ordering Products or using the Website for your commercial or business purposes.
    1. We may amend these Terms of Sale from time to time and any changes will be applicable from the date they are published. Every time you wish to order products, please check these Terms of Sale to ensure you understand the terms which will apply at that point in time.

  1. CONTACTING US

If you would like to contact us for any reason in connection with a purchase or these Terms of Sale, please email us at the following address: shop@longway.tv

  1. USE OF OUR SITE

Your use of the Long Way Up Website is governed by our Website Terms.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information in accordance with the Long Way Up Privacy Policy.

  1. ORDER AND ACCEPTANCE

    1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (Contract). We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

    2. If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a product or because we are unable to meet a delivery deadline you have specified. 

  2. PRODUCTS AND CHANGES TO ORDERS

    1. Please note that all products on the Website are subject to availability. In addition, please note that the images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may therefore vary slightly from those images.

    2. If you wish to make a change to your order before it has been delivered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  3. PRICE AND PAYMENT 

    1. The price of the product (which includes VAT and any other applicable sales taxes but excludes delivery costs, which will be added to your order before payment is finalised) will be the price indicated on the order pages when you placed your order. Depending on where you are resident, the price will be displayed in either GBP Sterling (for UK and EU customers) or US Dollars (for US customers).

    2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order (if it is lower, we simply charge the lower amount).

    3. We accept payment via credit or debit card, PayPal, Shop Pay and Google Pay. You are responsible for all transaction fees/transfer costs (including any currency conversion costs, if applicable). You must pay for the products before we dispatch them. 

    4. During the checkout process, you will be asked to complete your payment details. All fields shown as compulsory must be completed. We will collect and store your information using an encrypted secure payment mechanism and will only use it in accordance with the Long Way Up Privacy Policy.

  4. DELIVERY

    1. The cost of delivery will be as displayed to you on the Web store.  

    2. After accepting your order, we will contact you with an estimated delivery date. We will deliver standard products within 30 days of the date on which we accepted your order. 

    3. If our supply of your order is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this Long Way Up will not be responsible for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the Contract and receive a refund for any products you have paid for but not received. 


  1. CANCELLATION & REFUNDS

    1. You can always cancel your Contract with us at any time by using the contact details set out in paragraph 2 above. However, your right to a refund will depend on what you have bought, whether there is anything wrong with it, when you decided to cancel and whether you are a consumer or business customer. 

    2. If you are entitled to a refund under these Terms of Sale, we will issue the relevant refund via the method you used for payment as soon as possible and, generally, within 14 days from the day on which we receive the product(s) back. 

    3. If you have any questions or complaints about your order, please contact us using the contact details provided at paragraph 2 above. 

For consumers only:

    1. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product replaced or to get a full or partial refund).

    2. If what you have bought are standard non-customised products you have a legal right to change your mind within 14 days beginning on the day after you received your order, without having to give a reason, and receive a refund. For EU customers, such cancellation rights are pursuant to the statutory rights under the Consumer (Information, Cancellation and Additional Payments) Regulations 2013. You must exercise your right to cancel within 14 days after the date you received your order. 

    3. If you are a would like to cancel your order in accordance with paragraph 9.5, you can contact us using the details set out in paragraph 2 or use this form. To receive a refund you must return the products to us within 14 days of informing us that you have changed your mind. Please note that you will be liable to pay the costs of any returns. We will refund you the cost of the order plus the cost of standard delivery (if you opted for a faster class of delivery, any additional cost of delivery above that of standard delivery will not be refunded) within 14 days of cancellation or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, unless the circumstances of your refund process prevent it, in which case we will inform you of such delay and the reason for it. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 

For business customers only:

    1. We warrant that on delivery our products will (i) conform in all material respects with their description and any relevant specification and (ii) be free from material defects in design, material and workmanship.

    2. We may, at our option, replace or refund the price of any products which you consider do not confirm with the warranty in paragraph 9.8 provided that you notify us in writing within a reasonable time after receipt of the products (no later than 2 months after receipt) and return the products to us so that we have a reasonable opportunity to examine them.

    3. We will not be responsible for a product’s failure to comply with the warranty in paragraph 9.8 if the defect arises as a result of fair wear and tear, wilful damage or negligence. Except as provided in paragraph 10.3, we shall have no liability to you in respect of a product’s failure to comply with the warranty in paragraph 9.8.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    1. Long Way Up does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987. 

    2. As a consumer, you have certain statutory legal rights in relation to products that are faulty or not as described.  Nothing in these Terms of Sale will affect these legal rights. 

    3. If you are a business customer:

      1. You confirm that you have authority to bind any business on whose behalf you use our Website to purchase products.

      2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. Subject paragraph 10.1 Long Way Up shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (i) any loss of profit, loss of business, business interruption, or loss of business opportunity, or (ii) any indirect or consequential loss arising under or in connection with any contract between us. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £50/$50. 

      3. These Terms of Sale constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Sale.

    4. Please note that the laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.

  2. GENERAL

    1. You acknowledge that these Terms of Sale are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.

    2. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms of Sale to any other person without our prior written consent.

    3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

    4. If any part of these Terms of Sale is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms of Sale and the remaining parts of these Terms of Sale will continue to be enforceable.

    5. These Terms of Sale and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts save for: (i) if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland; and (ii) if you are a consumer and resident in Scotland you may also bring proceedings in Scotland. 

These Terms of Sale were last updated on 29th September 2020