Terms and Conditions
Terms & Conditions
WEBSITE TERMS & CONDITIONS
This website (https://flo-urish.com) (the site) is run and maintained by Mindz in Motion Limited (“Mindz in Motion”) a company registered in England No:5026228 and whose registered office is 27 Ennerdale Drive, The Hyde, London NW9 0DY email address is firstname.lastname@example.org
Mindz in Motion Limited provided personal development consultancy service.
These Website Terms and Conditions (Terms and Conditions) cover the terms on which you may use the site, conduct your business and purchase products.
USER RIGHTS OF ACCESS
You have permission for temporary, non-exclusive use of the site. Mindz in Motion Limited reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.
You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources on the site available to any third party.
You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
You agree to follow our Acceptable Use Policy.
If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them.
If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
We may change these Terms and Conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use of this site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these Terms and Conditions and this paragraph specifically. If you do not use the materials in line with these Terms and Conditions and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.
OUR RESPONSIBILITY TO YOU
We do not guarantee the accuracy of material on our site or the materials uploaded by our users, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation; or
- any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit;
- loss of goodwill;
- loss of savings; or
- loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute.
Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
LINKS TO OUR SITE OR OTHER SITES
You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.
Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any 'attack' on the site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions or a complaint about the service provided by us, please contact Jackie G Michaels Jackie@mindzinmotion.comto make your complaint.
ACCEPTABLE USE POLICY
Thank you for visiting our website (https://flo-urish.com) (our site). This is our Acceptable Use Policy and by using our site, this policy applies to you and you agree with it as part of our Website Terms and Conditions.
The terms in our Acceptable Use Policy may change, so we advise you to check this page as if you use our site, you are bound by it.
This site is run and maintained by Mindz in Motion Limited (“Mindz in Motion”) a company registered in England No:5026228 and whose registered office is 27 Ennerdale Drive, The Hyde, London NW9 0DY email address is email@example.com
USE OF OUR SITE
You agree not to use this site for any of the following purposes:
- to break any laws or regulations;
- to do anything fraudulent, or which has a fraudulent effect;
- to harm or attempt to harm minors;
- to do anything with material that does not meet our content standards (these are listed below);
- to copy in any way or re-sell any part of our site;
- to interfere with or damage any part of our site, equipment, network, software or storage arrangements;
- for unsolicited advertising material (known as spam);
- to transmit any data or material that is harmful to other programs, software, or hardware.
Our content standards apply to all material that you contribute either to our site or to our interactive services.
Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.
Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else's privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else's intellectual property, be used to impersonate anyone, or misrepresent anyone's identity or encourage or assist anything that breaks the law.
Where we provide use of interactive services, we will tell you clearly about the service, we will tell you what form of moderation we use for the site, we will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.
We are not however required to moderate our interactive service and we will not be responsible for any loss or damage to anyone who does not use our site according to our standards (whether or not we have moderated the service).
NOTICE FOR PARENTS
Our services are not intended for the use of minors under the age of 18. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.
SUSPENSION AND TERMINATION
If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the site temporarily or permanently, removing material you have put on the site or any of our social media groups, sending you a formal warning, taking legal action and / or telling the relevant authorities.
We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.
ONLINE TERMS OF SERVICE
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- 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).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms 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 and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We
This site is run and maintained by Mindz in Motion Limited (“Mindz in Motion”) a company registered in England No:5026228 and whose registered office is 27 Ennerdale Drive, The Hyde, London NW9 0DY
2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org
2.3 How we may contact you. 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 provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when payment is received and we email you to notify our acceptance, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the 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 the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our 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 vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3Products are not intended as medicines. Our products are not intended to treat, cure, or prevent any diseases or conditions. Please consult a doctor before using if you are pregnant or breastfeeding or have any other concerns. Statements made about our products have not been approved by any regulated health professionals and our products are not regulated by the MHRA, the FDA, any medical authority or other regulatory body.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered 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.
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make certain more significant changes to these terms or the product, but if we do so we will notify you within a reasonable time and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products 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 we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.5 When you own goods. You own a product which is goods once we have received payment in full.
7.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as notified by us to you (see Clause 6.).
7.7 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 14.4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 14.7). As well as suspending the products we can also charge you interest on your overdue payments (see Clause 14.6).
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. 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, when you decide to end the contract and whether you are a consumer or business customer:
(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 replaced or to get some or all of your money back), see Clause 12. if you are a consumer, and Clause 13. if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see Clause 8.3. 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 may have to pay the costs of return of any goods;
(d) In all other cases if we are not at fault and you are not a consumer exercising your right to change your mind, see Clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
8.4 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by FLO-URISH LIFESTYLE to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 12.1):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
28 day period to change your mind.
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) any products which have been opened (i.e., the seal has been tampered with);
(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
8.6 How long do consumers have to change their minds? You have 28 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receive the last delivery.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 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. Please email us at firstname.lastname@example.org to arrange the return. Please note that if you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(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 or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are a consumer exercising your right to change your mind within the cooling off period.
In all other circumstances (including where you are a consumer exercising your right to change your mind outside the cooling off period) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms 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.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind within the cooling off period. 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 in a way which would not be permitted in a shop. 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.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see Clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- OUR RIGHTS TO END THE CONTRACT
10.1 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) for any reason, including but not limited to technical reasons, your payment does not clear;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 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.
10.3 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 a reasonable period 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.
- IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at teamflourishUK@gmail.com.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to an immediate refund for up to 30 days if your goods are faulty.
See also Clause 8.3.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject defective products you must post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com for more information.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery, any products which are goods shall:
(a) conform with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to Clause 13.3, if
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our written instructions as to the storage or use of the product or good trade practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13., we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
- PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. 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, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. 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 we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with most credit and debit cards. Payment is due when you make an order.
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.
15.2 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 as summarised at Clause 12.1
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in Clause 13.1 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.
16.3 Subject to Clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) 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 the total sums paid by you for products under such contract.
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- THIRD PARTY RIGHTS
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- GOVERNING LAW AND JURISDICTION
21.1 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.
21.2 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.