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Terms & Conditions

Ordering

There are two ways you can place an order:

Online: www.tackheaven.co.uk

Telephone: Please contact us on 02031952943 / 07907283093 and provide the following information:

The product description of each item, including size and colour.

Your name, address & telephone No

Your credit/debit card.

Your Order -Conditions of Acceptance

• Please note that when you place an order online with Tackheaven payment is instantly released by your bank and automatically accepted by Sage Pay on behalf of Tackheaven. You should then receive a payment confirmation e-mail from Sage Pay. However, the acceptance of funds and subsequent communication from Sage Pay in no way constitutes an acceptance of the order or a guarantee of despatch of goods.

• Your order (including payment) will be treated as an offer to purchase from Tackheaven, acceptance of which is indicated when and only when Tackheaven despatch the goods. Up until the point of despatch Tackheaven reserves the right to decline to issue your order and to process a full refund. Once we despatch the order (and at no time prior to this) Tackheaven enters into a legally binding agreement with you the customer regarding said order.

• Despatch of orders is conditional upon (among other things) stock availability. For each product stock availability is indicated by the availability notes online. However, Tackheaven cannot guarantee the strict accuracy of those notes. The notes should be taken as a general indication only. If for any reason an order for an item or items advertised as IN STOCK at the time of purchase later turns out to be out of stock Tackheaven will inform the customer ASAP.

• All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If the issuer of your payment card authorises payment but returns failures on some or all of the credit checks run against your order Tackheaven reserves the right to delay despatch pending satisfactory resolution (to be determined by Tackheaven) of the security issue.

Order cancellations

If you wish to cancel your order before it has been despatched a full refund will be processed for you. If the order has been despatched prior to cancellation it is your responsibility to return the items to us. Within 5 days of receipt of the goods we will process a refund (not including original postal charges). All goods must be returned within 14 days of receiving the order.

Prices

Prices are as quoted on the website at the time you place your order, exclusive of delivery.

No Hidden Charges

The prices displayed on the site include VAT. We do not include delivery charges within the price for individual items, as delivery fees are calculated on your order as a whole. Any delivery costs (where applicable) are added and clearly stated at the checkout.

Payment Options

We accept orders via this web site or by phone on +44 (0) 20 3195 2943. We accept the following credit cards: Visa, MasterCard, American Express, and Solo..

Availability

All orders for products are subject to availability 

Product descriptions

Our suppliers cannot hold Tackheaven responsible for any variations in product specifications enforced without notice. Due to the limitations of photography and broadcasting, colours of goods you receive may differ slightly to those displayed on your monitor. If you are in any way dissatisfied with an item, you may of course return it.

Brand Names

All brand names, product names and titles used in this site are trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above and such use may constitute an infringement of the holders' rights.

Returns

We hope you are a happy with your purchases however if you need to return an item for any of the below reasons please see the below instructions:

Basic Returns Procedures:

Whatever you want to return to us, and for whatever reason, there are some basic procedures you will need to follow:

• Contact us within 14 days of the order date by email at sales@tackheaven.co.uk to obtain a Returns Number (RMA.) Please give the reason for wishing to return an item, and if it is faulty as much detail as possible in describing the fault. Information such as your product name, order number, date of placing the order, name and address will help us to issue the RMA more quickly.

• When your RMA number is issued we will provide you with information on how to prepare the package for return and where to return it to. Please print, complete and include the returns form in your returns package.

• Legally you are required to take reasonable care of the goods whilst they are in your possession. Unless faulty, goods should be returned AS SOLD in original packaging with all tags attached and must not have been used. Tackheaven may deduct a reasonable amount from any refund owing for returned goods in order to prepare them for resale if this is required due to failure to comply with the above.

• Please also take care to wrap the goods in some kind of external packaging in order to ensure their safe return if you are returning any item they must be repackaged and not be sent back with labels etc attached to the original suppliers packaging. Tackheaven may deduct a reasonable amount (or be unable to provide a refund) from any refund owing for returned goods in order to prepare them for resale if this is required due to failure to comply with the above.

• Return packages must be clearly marked (on despatch packaging, never directly on the product/product container) with this RMA for warehouse identification purposes.

• Where you are returning goods yourself Tackheaven advises the use of a carrier that provides proof of delivery and insurance cover.

• It will take approximately 7 working days to process orders returned with an RMA. Those returned without obtaining an RMA could take up to 30 working days to process.

• You will be sent an email confirming when to expect your replacement, where a replacement has been requested. If the replacement does not arrive by the end of the date indicated your are entitled to consider the delivery as late.

• Although you are welcome to contact the courier direct in cases of lateness we are happy to do so on your behalf. If your delivery does not arrive on time / at all please let us know as soon as possible. Failure to do so may affect your right to claim, where applicable, for any lateness or loss. We are required by our courier company to put in any claim for lateness or loss within 7 days of the date of despatch.

Further Returns Procedures (specific to the reason for return):

Beyond these basic return procedures Tackheavens return policy varies according to the reason for return. Please see below:

Goods damaged in transit/incorrect goods issued/goods missing from package:

• IT IS IMPERATIVE that you check your goods immediately upon receipt and BEFORE signing for them to ensure that there is no obvious damage to the delivery bag which might have resulted in some damage to the contents

• If the bag is damaged please make sure you check the contents BEFORE signing for the goods, the driver should be happy for you to do so in this circumstance. If goods are damaged and/or items are missing please make sure you clearly sign for the goods as damaged and/or missing on delivery. Failure to do so will affect your right to refund/replacement.

• If the bag is not damaged it is still imperative that you check the contents ASAP. Ideally you would do this before signing for the goods, but if not you would do so immediately afterwards.

• We recommend you check that a) you have not been sent an incorrect item or incorrect items b) you have everything that you ordered as stated in the product notes c) nothing is damaged in any way.

• If you have been sent something you didn’t order and don’t intend to keep please do not open the packaging (by this we mean the manufacturer packaging, not the courier bag the order arrives in.) Goods that are returned as incorrect may not be accepted if the package has obviously been opened and/or the contents removed and/or used in any way.

• If the product is incomplete or damaged we appreciate that you may need to open the package and even remove the product in order to discover this. However products returned as damaged may not be accepted if they have obviously been used in any way.

• *****VERY IMPORTANT***** If your product is damaged on receipt (whether discovered prior to signing for it or afterwards), incomplete, different to what you ordered or any combination of these we allow 24hrs, starting from and including the date and time of receipt, as a reasonable period within which you must notify us. This is why it is imperative to check the package right away.

• Provided we are notified within 24hrs you may return the item yourself and we will refund what we deem to be reasonable shipping costs (please check first with us) If you do not inform us of the problem within this time we will unfortunately be unable to offer any assistance.

• We expect to receive the returned goods within 7 days of your original receipt of the order in question. If you do not return the goods to us within this time, we will take this as your decision to keep the goods.

• Any customer returning goods as not what was ordered/damaged on receipt, which are found to be what was ordered/not damaged, shall not be entitled to a refund of the shipping costs incurred in returning the goods to Tackheaven. If Tackheaven has pre-paid the shipping costs for the return the customer may have those shipping charges deducted from any refund owing. Under these circumstances customers will not be entitled to a replacement item, only a refund (less any shipping costs associated with the order) or a re-issue of the original goods (potentially subject to the customer making further payment for re-issue shipping.)

• Where exact like for like item replacements cannot be provided the customer will be given the option of an alternative item replacement* or a full refund usually processed onto the card.

• Refunds (not including the original shipping charges unless exact like for like item replacements cannot be provided – see above) for not what was ordered/damaged on receipt orders will usually be issued within 7 working days of Tackheaven receiving them back, provided they are returned according to the above terms and conditions. Refunds are usually processed onto the card originally used to make payment, unless otherwise stated.

• Replacements for goods that are not what was ordered/damaged on receipt will usually* be issued within 7 working days of Tackheaven receiving returned items, provided they are returned according to the above terms and conditions. * - for exceptions see the Replacements for returned items section below.

Unsuitable goods:

• We hope that you will be pleased with your purchases but if for any reason you find a product doesn’t fit etc you are welcome to return the item either for a refund or exchange within 14 days. However once 14 days have passed from the date of your receipt of the order we cannot accept it for return unless it is faulty. • When an order is returned as unsuitable we will require the customer to arrange and pay for return despatch.

• We expect to receive goods returned as unsuitable within 14 days of your original receipt of the order in question. If you do not return the goods to us within this time we may refuse to accept the return.

• Refunds (not including the original shipping charges) for unsuitable orders will usually be issued within 7 working days of Tackheaven receiving them back, provided they are returned according to the above terms and conditions. These refunds are usually issued in cheque form or via your original credit card. If you wish to exchange the item for another product please advise us when requesting the returns number (RMA), the customer will be required to pay for the returned item(s) and the cost of returning the exchanged product. Faulty goods: How and when should the goods be returned to Tack Heaven?

• In the unfortunate event of your product being faulty on receipt please contact sales@tackheaven.co.uk within 24hours of receipt for a returns number (RMA). Tackheaven will then supply you with the information on how to return the item. Once the item is received within 7 days either a replacement item will be sent and a refund provided for shipping costs to the customer or a refund provided including shipping costs. Please contact as first as Tackheaven will only refund what we consider to be a reasonable shipping cost.

• Where fault occurs and/or is reported after the first 30 days from receipt of goods we will require the customer to arrange return shipping and pay any associated costs, although we will then pay for the shipping of any replacement item.

• We expect to receive faulty goods within 14 working days of your being issued an RMA. If you do not return the goods to us within this time, or make them available for us to retrieve within this time, your RMA number will be declared void and you will be required to obtain a new RMA number and begin the procedure afresh.

• PLEASE DO NOT ATTEMPT TO RETURN/COLLECT ITEMS YOURSELF IN PERSON. We have set procedures for the return of goods to us/issue of goods to customers, as outlined below. We do not have a shop front at our office and we are not set up to receive customers there. We regret that customers who turn up on an ad hoc basis will have to be politely turned away and staff members have been advised not to accept goods from or hand goods over to customers who approach them in this way. Refund, replacement or re-issue?

• If the faulty item is reported within 14 days of receipt of the order in question you are entitled to a full refund on that item. After this 14 day ‘full refund’ period has passed Tackheaven will not offer a refund, but will arrange to replace your returned item with a new item. For more detailed information on replacement/repair procedure, please see the Replacements/repairs procedures for returned items section below.

Replacements/repairs procedures for returned items:

• PLEASE NOTE this section does not apply to goods returned as unsuitable.

• Where replacements are issued we only offer exact like for like items, unless we have a permanent or temporary shortage of stock of the item in question, in which case alternative items and possibly credit notes can be made available (please see associated points below.)

• Replacements/refunds (the latter where applicable and usually in the form of a credit back onto the card originally used to make payment) for returned goods will usually be issued within 7 days of Tackheaven receiving returned items, provided they are returned according to the above terms and conditions.

• When your replacement is ready to be issued Tackheaven will contact you to arrange delivery. Please provide clear and accurate information regarding to who/where and when the delivery of replacement/repaired goods should be carried out. Where Tackheaven arranges in full agreement with the customer to deliver replacement/repaired items, if the delivery is unsuccessful in any way due to the error/negligence of the customer the customer shall henceforth be expected to pay any costs associated with further delivery attempts before further delivery attempts can be made.

• Delivery of replacements will follow the same procedure as original delivery of goods – for further details on that procedure please check Delivery Procedure in the Delivery section of our Help pages. What happens if Tackheaven offer a replacement but cannot replace my returned item with a like for like item?

• Although we usually process returns within 7 days of receiving them, replacements may take longer to issue where we are out of stock of the item in question. We will always keep the customer informed of any such delays.

• If stock is temporarily unavailable we will keep you informed of when more is expected. If the RMA was booked within the first 14 days of your receipt of goods we will not require you to wait for new stock to arrive unless you wish to. For customers who wish to wait and for those who booked RMAs after the first 14 days from receipt of goods there should be a wait of less than 30 days after our receipt of the returned goods for the new stock to arrive. We would like to point out that is very unusual for a customer to have to wait anything like 30 days for a replacement item.

• If the RMA was booked within the 14 days and the customer doesn’t wish to wait for stock to arrive, or if stock does not/will not arrive within 30 days, we can offer an alternative product replacement. Our product managers will happily give advice about the options available. Where the alternative item cost is lower than the price paid for the item being returned the price difference will be refunded. Where the alternative item cost is higher the customer may or may not be expected to pay the difference prior to the replacement being issued, that will be discussed on a case by case basis should the need arise.

• If the RMA was booked within the 14 days and like for like stock/any preferred alternative (where applicable) cannot be made available within a time frame to suit the customer then a credit note for the cost of the returned goods can be made available. Otherwise if like for like stock/any preferred alternative (where applicable) cannot be made available within 30 days after our receipt of the returned goods then a credit note for the cost of the returned goods can be made available.

Data protection

We will only use the information that we collect about you lawfully. If you do not want us to pass your information to any third parties or you wish to stop receiving any information about us or our services, please advise by email. The personal information, which we hold, will be held securely in accordance with our internal security policy and the law. We do not store your credit or debit card details.

Customer Service

We believe we offer quality products through a professional shopping experience however we recognise that there may be occasions that you may have to query or complain and offer this section to assist you to discuss your dissatisfaction. Our aim is to provide 100% customer satisfaction however we recognise that there may be times when this does not happen and we make a promise to you that we will endeavour to deal with any issues as promptly as possible. We will register your complaint and keep you up to date with progress, and this will remain open until you feel it has been satisfactorily resolved.

Payment Security

We guarantee your security 100%, through Sage Pay your payment details are protected.

When you shop at Tackheaven we do not store your credit card number on our system at all.

If you require a refund for a purchase we will issue you a returns authorisation reference number and we will ask you for all your details at the time of giving you this reference.

If you are still concerned with regard to the Internet then please feel free to phone through your order.

Delivery

Delivery Address:

• Orders placed on this website can only be delivered to mainland UK addresses. If you wish to order an item for delivery to Northern Ireland, the Republic of Ireland, the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses or elsewhere please contact us and we will confirm if we can deliver and shipping costs.

• Your order will automatically be despatched to the delivery address that you supply when placing said order. However in order to ensure prompt delivery our courier may try to leave the goods in the care of a neighbouring address where no-one is available at the delivery address. If you would like to specify particular neighbours that you do or don't want the driver to try, or if you would like to request that the driver only delivers to the address on the parcel please contact sales@tackheaven.co.uk ASAP after the order is placed and before it is despatched.

• Once you have placed an order if you foresee any problems with this delivery arrangement please contact us ASAP. We will always try to help but the options are wider and more favourable prior to goods leaving our hands and going into the control of a third party.

Cut off times:

• Orders are usually despatched within 1-3 days of the order date.

• We do not deliver at weekends or on bank holidays, only on working days during typical working hours (8am to approx 5:30pm.) Orders placed any time on Saturdays, Sundays or bank holidays will also be processed, picked, packed and despatched on the following working day.

• Please note that from time to time there are also some working day exceptions to the 1-3 day despatch rule as not all stock is immediately available all of the time. Please refer to individual product availability notes for variations. If this is the case we will contact you within 24hrs of the order date by email.

Delivery Times:

• Our standard despatch package is next day delivery. Your order will normally be delivered to you some time on the next working day following its despatch from us. Whilst almost 100% of deliveries are achieved within this time, our courier does not guarantee this turnaround period and a very few deliveries may be subject to delay.

Delivery Procedures:

Lightweight items sent out by Royal Mail Recorded Delivery

• Deliveries will be attempted some time on the first working day following the despatch of the goods. For example if goods are sent out on a Friday a delivery attempt will be made on the Monday.

• It is vital that someone is available at the delivery address for this attempt. If no-one is available no further attempt will be made, but rather a card will be left saying that an attempt has been made and that the item is being held for you to collect from your local Royal Mail depot.

• Delivery to any alternative address/person supplied by the customer will be treated as delivery to the customer: once a signature has been obtained neither we nor our courier accept responsibility for the safety of the goods. Many of our terms and conditions refer to the date of receipt of goods: date on which goods are signed for (whether by the customer or someone else at any delivery address supplied by the customer) is the same as date of receipt of goods. Items sent by our courier

• There will be an attempt made to deliver your order on the following working day after it has been despatched. For example if goods are sent out on a Friday the first delivery attempt will be made on the following Monday. This attempt at delivery and any subsequent attempts you are entitled to as part of your p&p payment will only be made to the delivery address you have supplied prior to despatch of goods unless the driver opts to attempt delivery to a neighbour (see points below in this section for further information).

• If on the first delivery attempt no-one is available to take receipt of the goods the courier can carry out one further attempt.

• If on the first delivery attempt no-one is available to take receipt of the goods the courier should leave a calling card, detailing contact details for your local depot. If you then contact your local depot they will be pleased to organise that final delivery attempt for you. That final attempt will only be carried out on a working week day and must also be carried out within five working days of the original delivery attempt. If the depot does not hear from you in time to arrange the final delivery attempt within five working days of the original delivery attempt then you will forfeit your right to the final delivery attempt.

• It is vital that someone is available at the delivery address for at least one of these allotted delivery attempts, as only these are covered by the original p&p costs you pay. If no-one is available for any of the allotted attempts no further attempt can be made without further payment being made by the customer. Unfortunately the courier requires further payment from us in these circumstances which has to be met.

• Our courier will not leave a parcel in a ‘safe place’ if no-one is available at the delivery address: all items have to be received and signed for by someone at the delivery point.

• Please note: in order to ensure prompt delivery our courier may try to leave the goods in the care of a neighbour where no-one is available at the delivery address. If you would like to specify particular neighbours that you do or don't want the driver to try, or if you would like to request that the driver only delivers to the address on the parcel please contact sales@tackheaven.co.uk ASAP after the order is placed and before it is despatched.

• Delivery to...

a) a neigbouring address (either directly supplied or not vetoed by the customer) or

b) an alternative address / person directly supplied by the customer

...will be treated as delivery to the customer: once a signature has been obtained neither we nor our courier accept responsibility for the safety of the goods. Many of our terms and conditions refer to the date of receipt of goods: date on which goods are signed for (at any legitimate address as outlined above) is the same as date of receipt of goods.

• Options for receiving a parcel if all allotted delivery attempts are made without success are as follows:

1. You can collect the parcel yourself from the local depot. More information as to how to go about this is provided on the calling card the courier leaves when no-one is available to receive the goods. If you wish you may exercise this option after the first failed delivery attempt, you need not wait for further attempts to be made.

2. Further delivery attempts can be booked through us. Please note those allotted attempts as set out above are the only ones which are covered within the p&p you pay for your order to be delivered to you. Further attempts at delivery are charged at £6.95 + £2.50+ VAT for a delivery within the same post code and £6.95 + £7.50 + VAT to other post codes (these are charges we incur from the courier and which we must cover.)

• Our courier will retain a package for five working days following the first attempt to deliver; following which it will be automatically returned to us. If this happens we incur further charges from the courier, and will therefore require extra payment from you to cover those costs. Furthermore we will not re-issue those goods unless both the return costs and new outward p&p costs are paid.

Problematic Deliveries:

Signature on delivery of order unavailable/order refused/order not collected :

• If an order is deliberately refused entry at the delivery address (otherwise than by reason of circumstances under control of Tackheaven)

Or if no-one is available to sign for the goods on any of the delivery attempts

Or if no attempt is made by the customer to contact his/her local depot to arrange a final delivery attempt within the time specified (see delivery procedures above)

and the goods are not collected from the local courier depot within the time specified (see delivery procedures above) and are therefore auto-returned to us

Then

the customer will be held liable for both the outgoing and return shipping costs of the order. These costs will be deducted from any refund that is processed following our receipt of those auto-returned goods. Exceptions will be made where a prior establishment of right of refusal/cancellation has been obtained by the customer from Tackheaven.

Late/Lost orders:

• These delivery times are not guaranteed. Whilst almost 100% of deliveries are achieved within the specified time a very few deliveries may be subject to delay or loss. We do our utmost to avoid this, and to chase up and resolve as quickly as possible unavoidable problems which may occur.

• Although you are welcome to contact the courier direct in cases of lateness we are happy to do so on your behalf. If your delivery does not arrive on time / at all please let us know as soon as possible. Failure to do so may affect your right to claim, where applicable, for any lateness or loss. We are required by our courier company to put in any claim for lateness or loss within 7 days of the date of despatch. Lightweight items sent out by Royal Mail Special or Recorded Delivery

• If your goods sent by Royal Mail have not arrived on the next working day following despatch please feel free to report this to us. However the Royal Mail require us to allow 15 days from the date of despatch before they will declare an item lost, rather than simply pending delivery still.

• Unfortunately this means that we cannot immediately issue replacements or refunds for items sent by Royal Mail which do not arrive on time. Once the 15 days have passed if goods have still not arrived we can obtain an official declaration from the Royal Mail that the item is lost rather than simply delayed. At this point we are able to issue replacements or refunds.

Cancelling an Order

• Please note: the following is a guideline to cancellations made simply because you have changed your mind about purchasing the product. If there is another reason for wishing to cancel the order please refer to the details about returning goods in our Help section.

• You have the legal right to cancel your order at any time prior to despatch or within 7 working days following the delivery of the order to you. However, Tack Heaven has extended that time frame for their customers and will accept an order cancellation within 14 days of order delivery.

• Should you wish to cancel an order please inform us ASAP and obtain confirmation of receipt of cancellation. I'm afraid we cannot accept/action cancellations that we have not formally acknowledged receipt of.

• If your order is cancelled and the cancellation is acknowledged before goods are despatched we'll action ASAP a refund of any sum that has been paid by you or debited from your credit card for the goods, including shipping charges.

• If you cancel your order and/or the cancellation is acknowledged after goods have been despatched but within 14 days of your receipt of said order we will need you to follow our general returns procedures: please refer to the details on returning goods as unwanted/unsuitable in the returns part of our Help section. In such a case we'll action a refund within 5 working days of our receipt of returned goods of any sum that has been paid by you or debited from your credit card for the goods, but NOT including shipping charges.

• Refunds will usually be processed by Tackheavens staff on the Sage Pay website. At the time this is actioned you should receive a credit process confirmation e-mail from Sage Pay. Following this it can take up to 2 weeks, but usually takes no more than 3 to 4 working days, for that credit to appear on your account. Tackheaven cannot be held accountable for cases where credits have been made to your card issuing bank by Sage Pay, but the bank systems subsequently delay the credit appearing against your account. When the credit appears it will be in the name of Sage Pay, not Tackheaven.

Deliveries to Ireland or Rest of the World

Please contact us and we will advise you of the cost

Warranty

• All goods supplied by Tackheaven are warranted free from fault for 3 months from the date of receipt by the customer (unless otherwise stated). This warranty does not affect your statutory rights as a customer. If goods develop a fault during the 3 month warranty period you should follow the returns procedure outlined in the Returns Information section of the Help pages.

• The warranty conditions do not apply to any fault arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s prior written approval.

• Any applicable collection of faulty goods and/or delivery of repaired/replacement units under warranty will only be made from/to addresses on the UK mainland (as per the delivery of the original purchase.) In the event that you need to return an item under warranty from outside the UK mainland you will need to make your own separate arrangements & payment for shipping to and from the UK mainland.

• A replacement item issued under warranty is not a new order and will not have a separate warranty beginning from the date of receipt. Instead a replacement item counts as a "continuation in the life cycle" of the original purchase, covered for the warranty period remaining on the original purchase. Website Content & Information Control

• Unless otherwise specified, the materials on this Web site are directed solely at consumers who access this Web site from the United Kingdom. Tackheaven makes no representation that any product referred to in the materials on this Web site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

• Tackheaven will take all reasonable precautions to keep the details of your order secure; we will not be liable for unauthorised access to information supplied by you.

• Tackheaven has taken every care in the preparation of the content of this Web site, however we cannot guarantee uninterrupted and totally reliable access to this Web site and so, therefore, cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, Tackheaven disclaims all warranties; express or implied, as to the accuracy of the information contained in any of the materials on this Web site and will accept no liability for any loss or damage arising as a result of problems with access.

• Product images are for illustrative purposes only.

General

• Our liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods and/or related shipping charges where applicable.