10th July 2025
Terms & Conditions
Application and Entire Agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Think Posture Ltd (trading as Posture Store), a company registered in England and Wales under number 16207489 whose registered office is at 78 Loughborough Road, Quorn, Loughborough, England, LE12 8DX, and detail the terms from us to the person buying the services.
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier), and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
- These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
Services
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
- The fees for the Services are set out in the quotation/agreement and are on a time and materials basis.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
VAT Number: 484902269
Cancellation and Amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 28 days from the date of the quotation (unless the quotation has been withdrawn).
- Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation. Payment is deemed as acceptance.
- If you want to amend any detail of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you if applicable.
- If, due to circumstances beyond our control, including those set out in the clause below (circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
- We will invoice you for payment of the Fees of Service either:
a. When we have completed the services
b. Monthly for work completed in the previous month.
Products and associated costs are invoiced at the point of order or as detailed on the website and unless previously agreed, fees are due at the time of order.
- You must pay the fees due for services within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the services and cancel any future services which have been ordered by or otherwise arranged with you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and Assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
- We can terminate the provision of the Services immediately if you:
a. Commit a material breach of your obligations under these Terms and Conditions; or
b. Fail to pay any amount due under the Contract on the due date for payment; or
c. Are or become, or in our reasonable opinion are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986 or any other scheme or arrangement is made with its creditors; or
e. Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, etc.
Intellectual Property
- We reserve all copyright and other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Limitation of Liability
- Our liability under the Terms and Conditions and in breach of statutory duty and in tort or misrepresentation or otherwise shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) for:
a. Any indirect, special or consequential loss, damage, costs, or expenses
b. Any loss of profits, anticipated profits, business, data, reputation, or goodwill
c. Any failure due to causes beyond our reasonable control
d. Any losses due to your failure or breach of your obligations
e. Any losses from your choice or use of Services or goods
- You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment caused by you or your agents or employees.
- Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or fraud.
Data Protection
34–40. These clauses describe our responsibilities and obligations under GDPR. We act as Data Controller, and all personal data is handled securely and only as needed to deliver our services. For more, see our Data Protection Policy at www.posturestore.co.uk or email hello@posturestore.co.uk.
Circumstances Beyond a Party’s Control
- Neither party is liable for any delay or failure due to events beyond reasonable control (e.g. natural disasters, war, terrorism, etc.). If delays persist for 90 days, either party may cancel the contract.
Communications
42–44. All notices must be in writing and delivered in person, by email, or post to the address most recently notified.
No Waiver
- Failure to enforce any right does not constitute a waiver of that right.
Severance
- If any clause is found unlawful or unenforceable, it shall be severed, and the remaining Terms shall remain valid.
Law and Jurisdiction
- This Agreement is governed by the law of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the English and Welsh courts.