Website Terms and Conditions Of Use

INTRODUCTION

These terms of use apply to the use of the Eva Lobo London website at evalobolondon.com (the "Website"). They essentially say that you must behave appropriately and responsibly whilst using the Website. This privacy policy sets out how we use data relating to you and it forms a part of these terms of use. The privacy policy can be found on our website here evalobolondon.com

1. ABOUT THE WEBSITE AND THESE TERMS OF USE

1.1. The Website and online store are owned and operated by Notice Me Limited, 84a Lavender Sweep, London, SW11 1HD, UK (“Eva Lobo London”, “we”, “us” or “our”).

1.2. These terms of use apply to all use of the Website and form a legal agreement between you and us.

1.3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you.

1.4. We may make alterations to these terms of use from time to time.

2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

2.1. You can use the Website solely for browsing and making purchases of our products. Purchases of products through the Website are subject to our Website Terms and Conditions of Sale, which are available here: Terms and Conditions of Sale.

2.2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in us, or are licensed to us.

2.3. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

3. RESTRICTIONS AND OBLIGATIONS

3.1. You agree to comply with these terms of use and all rules applicable to the use of the Website.

3.2. You will not:

3.2.1. hack, modify, reverse engineer or create derivative works of the Website or any part of it;

3.2.2. gain unauthorised access to any part of the Website;

3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;

3.2.4. create software which replicates or mimics the data or functionality in the Website;

3.2.5. use your access to the Website for the sending of direct marketing;

3.2.6. make any part of the Website available to a third party who does not agree to these terms of use;

3.2.7. copy or exploit any part of the Website or the content it contains;

3.2.8. use the Website or any part of it unfairly or for any illegal or immoral purpose; or

3.2.9. attempt to do any of the acts listed above.

4. COMMUNICATIONS

4.1. The Website enables the display of your own or third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit of User Content.

4.2. The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us.

4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

4.4. By using the Website you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over User Content.

4.5. If you submit data, messages, audio, video, textual or other content through the Website such as through a discussion forum or otherwise then:

4.5.1. you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Website; and

4.5.2. you agree to comply with our User Content Guidelines as set out in Schedule 1.

4.6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.

5. LIABILITY

5.1. We provide and maintain the Website on an “as is” basis and are liable only to provide our services with reasonable skill and care.

5.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.

5.3. We give no other warranty in connection with the Website and to the maximum extent permitted by law, We exclude liability for:

5.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;

5.3.2. the accuracy, currency or validity of information and material contained within any User Content or the Website;

5.3.3. any interruptions to or delays in updating the Website;

5.3.4. any incorrect or inaccurate information on the Website;

5.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website;

5.3.6. the availability, quality, content or nature of External Sites;

5.3.7. any transaction taking place on External Sites;

5.3.8. any transaction with third party retailer taking place on the Website;

5.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any User Content; and

5.3.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

5.4. We do not warrant that the operation of the Website will be uninterrupted or error free.

5.5. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control.

5.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

5.7. You agree not to use the Website in any way which is:

5.7.1. unlawful;

5.7.2. may give rise to civil or criminal liability for us; or

5.7.3. which might call us into disrepute.

6. TERMINATION

Without limiting any other rights we may have, we may cancel or suspend access to the Website if you breach any of these terms of use.

7. GENERAL

7.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.

7.2. These terms of use and the terms referred to herein, including our privacy policy, constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other terms.

7.3. Failure to enforce any term does not constitute a waiver of that term.

7.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

7.5. The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website complies with the laws of any other country.

7.6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

7.7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.

7.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.

SCHEDULE 1: USER CONTENT GUIDELINES

1. You agree and undertake that you will not post, communicate, transmit or make available to or through the Website any User Content, statement, material, communication or other content which:

1.1.1. is unlawful or which gives rise to civil or criminal liability;

1.1.2. infringes the intellectual property rights of any third party;

1.1.3. is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;

1.1.4. is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;

1.1.5. harasses any person;

1.1.6. may be deemed a marketing or commercial communication or promotes the products or services of any person;

1.1.7. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or

1.1.8. solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.

1.2. You further agree that in any activity you undertake during or in relation to the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website into disrepute.

1.3. You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website Terms and Conditions of Use.

1.4. If you discover User Content which you believe contravenes these Website Terms and Conditions of Use or is otherwise objectionable please notify us at customerservices@evalobolondon.com.

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Eva Lobo London

Purchase Enquiry Form

CORPORATE RESPONSIBILITY

We at Eva Lobo London acknowledge that how we use our materials and where it comes from have an impact on the environment both locally and globally. We are committed to source our products and identify solutions that minimize the environmental impact wherever applicable in reducing carbon footprint.

At Eva Lobo London, we continues to identify and work with ethically sourcing factories and tanneries across the world to save guard our environment, ensuring that Social Policy towards the use of ethical sourcing and the environmental/social impacts Eva Lobo London has to become a more sustainable and responsible business.

Exotic and non-exotic skins

At Eva Lobo London, we are aware of sensitive issues surrounding conservation issues and using specialist materials to produce our Luxury Goods. We fully sympathise with the concern attached to these matters and therefore use only ethically sourcing skins and material from highly selective factories and manufacturers conforming to the relevant International Legislation. Eva Lobo London fully supports the reasons for and efforts behind the Introduction and implementation of CITES, the Convention on International Trade in Endangered Species.

Information on cites Eva Lobo London & CITES

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The aim is to protect certain plants and animals by regulating and monitoring their international trade to prevent it reaching unsustainable levels.

Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 35,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.

CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington, D.C., the United States of America, on 3 March 1973, and on 1 July 1975 CITES entered in force and the UK became a Party in 1976. There are more than 168 Parties to the Convention. The CITES Secretariat is administered by the United Nations Environment Programme (UNEP).

How CITES works

CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.

The species covered by CITES are listed in three Appendices, according to the degree of protection they need.

Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances.

Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival.

Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each party’s is entitled to make unilateral amendments to it.

For information on CITES, please visit www.cites.org

Ethical and Sustainable Sourcing

At Eva Lobo London, we only produce our products using skins from sustainable and ethical sources. We do not use animals listed in Appendix I of the convention. In the case of animals listed in appendix II of the Cites convention skins are imported into the EU accompanied by an export certificate issued by the government of the country of origin.

The convention provides a framework for legislation and process in the countries that are a party. Hence the actual rules and legislation vary from country to country. Therefore, we have used the rules and regulations applicable at our website that allows us to only sells merchandise made from CITES listed animals to country that permit us to ship according to the convention.

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Eva Lobo Terms and Conditions for Purchases Through our Website

This page (together with our Privacy Policy and Terms and Conditions for Purchases) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.evalobolondon.com (our Site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.

We amend these Terms from time to time as set out in clause 6 (“Our Right To Vary these Terms”). Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1. INFORMATION ABOUT US

1.1. Our Site is operated by Notice Me Limited ('We'). We are a limited company registered company in England and Wales with company number 04732654 with registered address 84a Lavender Sweep, London, SW11 1HD, UK. Our VAT number is 830793715.

1.2. You can contact us by writing to us at: customerservices@evalobolondon.com and/or by telephone on +44 (0) 207 401 9125. Calls to this telephone number may be subject to charges from your service provider. We recommend checking with your service provider whether such charges are applicable to you.

1.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.

2. USE OF OUR SITE

2.1. Your use of our Site is governed by our Terms and Conditions for Purchases. Please take the time to read these, as they include important terms which apply to you. By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

3. HOW WE USE YOUR PERSONAL INFORMATION

3.1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our privacy policy, as it includes important terms which apply to you.

4. THESE TERMS

4.1. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

4.2. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

4.3. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2. Where you have incorrectly submitted an order, please contact us as per clause 1.2.

5.3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.

5.4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.5. If we are unable to supply you with a Product for any reason we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

6. OUR RIGHT TO VARY THESE TERMS

6.1. We amend these Terms from time to time.

6.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3. We may revise these Terms as they apply to your order from time to time, or suspend our supply of Products to you, under the following circumstances:

  • (a) to deal with technical problems or make minor technical changes;

  • (b) changes in relevant laws and regulatory requirements; or

  • (c) updates or other improvements to the Products.

6.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

7. PRODUCTS AND DELIVERY

7.1. Please note that Products may vary slightly from the images used on our Site, which are for illustrative purposes only. Different devices display colours differently, and so the colour of the Products you order may vary slightly from the images you see on the screen, although we have made every effort to ensure that colours display accurately.

7.2. We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 (“Events Outside Our Control”) for our responsibilities when this happens. To give you an indication, we will aim to have Products delivered to you within 14 business days, however periods of high demand can affect our delivery times.

7.3. Delivery shall be completed when we deliver the Products to the address you gave us and you will become responsible for Products at the time of that delivery.

7.4. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

7.5. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract in respect of those Products in which case we may deduct reasonable compensation from any monies refunded to you for the net costs we will incur as a result.

8. INTERNATIONAL DELIVERY

8.1. Although we offer international delivery to many destinations, we unfortunately do not deliver to North Korea or Syria, or certain other countries as we may specify from time to time.

8.2. If you order Products from our Site and require delivery to any international delivery destinations offered through our Site, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we will, where we are responsible, pay for duties and taxes in line with delivery practice. If, however, there are additional duties or taxes of which we not responsible and have no control over these charges and we cannot predict their amount, you will be responsible for such additional payments. Please contact your local customs office for further information before placing your order.

8.3. You must comply with all applicable laws and regulations of the country for which the Products are destined or in which they are used. We will not be liable or responsible if you break any such law.

9. PRICE OF PRODUCTS AND DELIVERY CHARGES

9.1. The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.6 for what happens if we discover an error in the price of Products you have ordered.

9.2. Prices for our Products may change from time to time, but such changes will not affect any order you have already placed.

9.3. The price of a Product includes VAT (unless otherwise indicated) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

9.4. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

9.5. The price of a Product does not include any applicable delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

9.6. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If the Product's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.

10. HOW TO PAY

10.1. You can pay for Products using certain debit or credit cards as indicated on our Site. Please note that you are responsible for paying any currency exchange, or other payment charges.

10.2. Payment for Products and all applicable delivery charges is in advance. We will not dispatch any goods until we have received your payment in full.

11. YOUR RIGHTS TO END THE CONTRACT

11.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

  • (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 14;

  • (b) If you have just changed your mind about the Product, see clause 12. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

11.2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

11.3. How long do I have to change my mind?You have 14 days after the day you (or someone you nominate) receives the goods.

12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

12.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

  • (a) Email. Email us at customerservices@evalobolondon.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

  • (b) Online. Complete the formon our website.

12.2. Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us.You must post the Products back to us at Eva Lobo London Unit 310, 241-251, Ferndale Road, London SW9 8BJ.

12.3. If you are exercising your right to change your mind you must send back the Products within 14 days of telling us you wish to end the contract. We will be responsible for the cost of returning the Products.

12.4. Condition of Products. If you are exercising your right to change your mind you must return the Products in the same condition in which they were received by you and, where possible, in the same box. If the box used for shipment is unusable then the customer should send the Products in a similar sturdy box. If you require any further information regarding suitable packaging for returning Products please contact us. Products must be returned with their tags attached and free from defects and odours.

12.5. When we will pay the costs of return. We will pay the costs of return:

  • (a) if the Products are faulty or misdescribed;

  • (b) if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing, a substantial delay in delivery or failure to deliver due to events outside our control;

  • (c) we will pay the reasonable cost of return for where you are exercising the right to change your mind. Such cost will be limited to second class postal charges (or equivalent) only.

12.6. How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

12.7. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

  • (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  • (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

  • (c) If Products are not returned in the condition required under clause 12.4, we may reduce your refund.

12.8. When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.

13. OUR RIGHTS TO END THE CONTRACT

13.1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:

  • (a) you do not make any payment to us when it is due; or

  • (b) you do not, within a reasonable time, allow us to deliver the Products to you.

13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13.3. We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

14. IF THERE IS A PROBLEM WITH THE PRODUCT

14.1. How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can contact us via the details provided in clause 1.2 of these Terms.

14.2. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

14.3. Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please email us via the details provided in clause 1.2 of these Terms to request a return label.

15. OUR LIABILITY

15.1. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

15.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. We are not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.

15.3. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.

15.4. We are not responsible for losses not caused by our breach or negligence, indirect losses which are caused by the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

15.5. We do 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Products under the Consumer Protection Act 1987.

15.6. We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.7. Subject to clauses 15.1 to 15.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

16. EVENTS OUTSIDE OUR CONTROL

16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, 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, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • (a) we will contact you as soon as reasonably possible to notify you; and

  • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our supply of Products to you, we will arrange a new supply date with you after the Event Outside Our Control is over.

16.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

17. OTHER IMPORTANT TERMS

17.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.6. A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.

17.8. We both agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). If you live in Scotland or Northern Ireland you may also bring legal proceedings in respect of the Products in your local courts.

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