This page (along with the referred documents, Acts and Laws) provides you with information about us and the legal terms and conditions (T&Cs) on which we sell to you any of the products and Services listed on our website - venoor.com. These terms and conditions will apply to any contract between us for the sale of products to you (Sales Contract). Please read these terms and conditions carefully and make sure that you understand them, before ordering any products from our website. Please note that before placing an order, you will be asked to agree to these terms and conditions.
Please only click on the button marked "I Accept" on the order page if you accept the terms and conditions. If you refuse to accept these terms and conditions, you will not be able to progress with your order from our website.
You are advised to print a copy of these terms and conditions or save a copy to your computer for any future reference. We will not file a copy of the Contract between us. We frequently amend our terms and conditions as set out in clause 7. Every time you wish to place an order with us, please check the terms and conditions to ensure you understand the conditions of that will apply at that time. These terms and conditions are accurate as of 07 August, 2017.
1. Information about who Vênoor Living Limited is:
1.1 We operate the website venoor.com. We are Vênoor Living Limited, a company registered in England and Wales under company number 10289518 and registered office address 3.18 Q West, 1100, Great West Road, Brentford, Middlesex, TW8 0GP. Our VAT number is 263743394.
1.2 To contact us, please refer to our Contact Us page.
2. Our Products and Services
2.1 Due to the nature of the Product that we sell, the images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 10% tolerance.
2.3 The packaging of the products may vary from that shown on images on our site.
2.4 All products shown on our site are subject to availability. We will inform you by email, as soon as possible, if the Product you have ordered is not available and we will not progress your order.
2.5 By accepting our terms and conditions, you acknowledge that our products are designed for domestic use only and do not use commercial grade upholstery or other materials.
2.6 Although we refer to our products as exclusive, we may in our discretion, introduce the same or similar products in a future phase of sales.
3. If you are a consumer. This clause 3 only applies if you are a consumer and not purchasing our products in a business capacity.
3.1 If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
3.2 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect your legal rights.
4. If you are a business customer. This clause 4 only applies if you are purchasing our products as a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
4.2 These terms and conditions and any document referred to in this document constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in our terms and conditions or any document mentioned to in this document.
5. How the contract is formed between you and us
5.1 In order to place an order with us, you should follow the steps set out below:
1. Click on the Product that you would like to purchase
2. On the Product page, select the quantity and then click on “add to basket”
3. Either click on “continue shopping” or click on “go to checkout”
4. Enter your details in the online form and when they are correct, click on “Pay Now”
5. If you are already registered with us, click on “login” and enter your details but if not, click on “check out and get registered”
6. Complete the online forms as instructed and place your order by clicking on the “Pay Now” button.
5.2 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.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and your payment (Payment Confirmation). The Contract between us will only be formed when we send you the Payment Confirmation.
5.4 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, 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 as soon as possible.
6(a) Our right to alter these terms and conditions
6(b) We may revise these terms and conditions from time to time in the following circumstances:
1. Changes in how we accept payment from you
2. Changes in relevant laws and regulatory requirements
6(c) Every time you order products from us, the terms and conditions in force at that moment will apply to the contract between you and us.
6(d) Any voucher codes cannot be redeemed upon an item that has been previously marked down.
6(e) Whenever we revise these terms and conditions in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these terms and conditions have been amended and the relevant date at the top of this page.
8. If there is a problem with the product
8.1 Your legal rights: We are under a legal duty to supply products that are in conformity with this contract. Please refer below for a summary of your legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your legal rights:
This is a summary of your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website products.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
1. Up to 30 days: if your item is faulty, then you can get a refund. This is based on the product having not been used .
2. Up to six months: if your faulty item cannot be repaired or replaced, then you are entitled to a refund, in most cases.
3. Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
8.2 Your obligation to return rejected products: If you wish to exercise your legal rights to reject products you must allow us to collect them from you. You will pay for the full costs of collection. Please email us at email@example.com to arrange collection.
8.3 If you have returned the product to us, under this clause 8, because they are faulty or vary from description by more than 10%, we will refund an amount after deductions of any applicable delivery/return charges, and we will arrange for the collection of the product from you. If however, there is any unreasonable handling in the process, we reserve the right to deduct appropriate charges to bear the cost of restoration.
9. Your consumer right of return and refund. This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date of the Payment Confirmation, which is when the Contract between us is formed. Save where clause 9.3 applies, if the products have already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receive the product unless your product(s) are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the product(s).
9.3a For products from our Mattress Collection you have a period of 100 (one hundred) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receive the product. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product caused by defects arising from the reasons set out in clauses 11.2 (a) to (i). Please note any Mattress listed and sold as a Special Buy, Sale or Clearance item is automatically excluded from our 100 night unless it is specifically stated against a unique product at the time of order. In this instance, standard Distance Selling Regulations will apply.
9.3b Marble and Stone products: Due to the nature of the marble/stone products, we are unable to accept any claims of damages towards the marble/stone once the delivery has been accepted in good condition. The marble/stone have to be handled with care and as such have been treated to be fit for purpose.
9.4 If you have changed your mind and wish to cancel a contract, please contact us in writing before the expiry of the deadline referred to in clauses 9.2 and 9.3 to tell us clearly that you wish to cancel by sending an e-mail to firstname.lastname@example.org or by sending a letter to 3.18 Q West, 1100, Great West Road, Brentford, Middlesex, TW8 0GP. Alternatively, you may wish to use the cancellation form(below), but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
Should you wish to return your Mattress under the 100 days, a collection charge of £150.00 will apply. This is dependent on you accepting the designated date we offer. If you require an alternative specific date and/or time frame for the collection of the goods, this may incur additional charges. These must be agreed and paid in full before final arrangements are confirmed.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Vênoor Living Limited,
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of customer(s),
Address of customer(s),
Signature of customer(s) (only if this form is notified on paper),
9.5 On cancellation of a contract, you will receive a full refund of the price you paid for the products and a full refund of any applicable delivery charges you paid for. 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. We will make any refunds due to you as soon as possible and in any event your refund will be made within 30 days of your telling us you have changed your mind.
9.6 If you cancel the Contract after the products have been delivered to you:
1. You must make the products available for a collection as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation and we will collect the products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
2. You have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
3. The product will remain in its original packaging and suffer no damage as a result of the way you have handled the product.
4. The original packaging must be intact.
9.7 We refund you in the same way in which you made payment for the product. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by the way you handled the product, in a way that 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.
9.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the payment confirmation.
9.9 If (at our sole discretion) we allow you to you amend or cancel an Order, cancellations within the 14 days peace of mind period will be eligible for a full refund minus any costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation, including but not limited to any credit card charges incurred or the cost of any delivery or return. Where the amendment or cancellation results from our failure to comply with these terms, you shall have no liability to us for it.
10. Bespoke upholstery guarantee
10.1 In addition to your rights under clause 8 and 9 we provide consumers with a guarantee that on delivery and for a period of 3 years from delivery, the frame of any product from our bespoke upholstery range shall be free from material defects caused by faulty workmanship or faulty materials. For the avoidance of doubt this guarantee does not apply to the upholstery, springs or in the circumstances described in clause.
10.2 The guarantee in clause 10.1 does not apply to any defect in the products arising from:
1. Fair wear and tear
2. Willful damage, abnormal storage conditions, accident, negligence by you or by any third party
3. Loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather
4. Loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects;
5. Failure to operate or use the products in accordance with the user instructions
6. Any alteration or repair by you or by a third party who is not one of our authorized repairers
7. Any specification provided by you
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.3 For the purposes of this clause the guarantor is Vênoor Living Limited, registered address: 3.18 Q West, 1100, Great West Road, Brentford, Middlesex, TW8 0GP.
10.4 This guarantee gives you the right to a repair. If a repair is not possible a replacement will be provided and if a suitable replacement is not available within a reasonable period (to be determined in our sole discretion) then a refund will be given. When repairing or replacing the product under the guarantee in clause 10.1 we reserve the right to use alternative specifications.
11. Mattress Collection Guarantee
11.1 In addition to your rights under clauses 8 and 9 we provide consumers with a guarantee that on delivery and for a period of 5 years from delivery, any product from our Mattress Collection shall be free from material defects caused by faulty workmanship or faulty materials.
11.2 The guarantee in clause 11.1 does not apply to any defect in the products arising from:
1. Fair wear and tear
2. Willful damage, abnormal storage conditions, accident, negligence or misuse by you or any third party
3. Loss or damage due to soiling or unsanitary conditions
4. Loss or damage due to the Product being used on an unsuitable base
5. Loss or damage (including rusting and corrosion) due to an unreasonable exposure to water or weather
6. Loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects
7. Failure to operate or use the products in accordance with user instructions, any alteration or repair by you or a third party who is not one of our authorized repairers
8. Any specification provided by you
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
11.3 For the purposes of this clause the guarantor is Vênoor Living Limited, registered address: 3.18 Q West, 1100, Great West Road, Brentford, Middlesex, TW8 0GP.
11.4 To claim under this Guarantee please contact email@example.com. Please quote the unique SKU Item Number found on the Product label when registering your claim.
11.5 This guarantee gives you the right to a repair. If a repair is not possible a replacement will be provided and if a suitable replacement is not available within a reasonable period (to be determined in our sole discretion) then a refund will be given. When repairing or replacing the product under the guarantee in clause 11.1, we reserve the right to use alternative specifications.
11.6 A written copy of this guarantee is available from us on request. Please contact firstname.lastname@example.org
12.1 Your order will be fulfilled by the estimated delivery date set out during checkout and on your order confirmation email, unless there is an “Event Outside Our Control”. If we are unable to meet the estimated delivery date because of an “Event Outside Our Control”, we will contact you with a revised estimated delivery date.
12.2 Delivery will be completed when we deliver the products to the address you provide us with.
12.3 As soon as the product is available for delivery, we shall contact you by telephone or email on the email address or telephone number that you submitted on the order and will explain the delivery process.
12.4 All deliveries to the UK mainland are included in the Product price. There are two levels of delivery service; one-man and two-man delivery.
12.5 One-man deliveries generally arrive in a pre-allocated one-hour time slot Monday - Friday, 9am - 5pm. The Product will be handed over by a single-man delivery crew, still in its packaging, which you will then need to dispose of.
12.6 Two-man deliveries are generally shipped with Panthers Logistics and arrive in a pre-allocated two-hour time slot with deliveries to most of mainland UK available on at least two different days per week, between 7am and 6pm. The delivery crew will take your item to your room of choice. Unpacking and product recycling services are available at an additional cost and must be selected during the time of purchase on our website.
12.7 You must examine the product on arrival before you sign for the product to confirm delivery.
12.8 Two-man deliveries will not be left outside your house or with neighbours or children.
12.9 If our courier is unable to deliver the goods to you by reason of circumstances within your control (such as you not being present at the delivery address within the allocated time slot), we will assign you another delivery slot at your convenience.
12.10 If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises, in which case, please contact us to rearrange delivery.
12.11 The products will be your responsibility from the completion of delivery.
12.12 You own the products once we have received payment in full, including all applicable delivery charges.
13. International delivery
13.1 Deliveries outside of the UK Mainland but within the EU will incur an additional cost. Please contact our Customer Care Team at email@example.com for a personalised quote.
13.2 If you order products from our website for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes, which could be applicable when the delivery reaches the destination. These applicable charges are beyond our and we are unable to advise what the possible amount could be.
13.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information, before placing your order.
13.4 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
13.5 If you are placing an order for a product from outside the United Kingdom, you are responsible for the costs of any return delivery to us or any collection of the products by us.
14. Price of products and delivery charges
14.1 The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are accurate at the time when the relevant information was entered onto the system. However, if we discover an error in the price of a product(s) you ordered, please see clause 14.5 for what would be applicable in this event.
14.2 Our product prices may change from time to time, but changes will not affect any order, which we have confirmed with a payment confirmation.
14.3 The price of a Product includes VAT (where applicable) 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.
14.4 Product prices include standard delivery to the UK mainland. Deliveries outside of the UK mainland will incur a surcharge. Please contact our Customer Care Team for a personalised quote.
14.5 Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
1. Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the product(s) to you at the incorrect (lower) price
2. If the Product's correct price is higher than the price stated on our website, 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.
15. How to pay
15.1 You can only pay for products using a debit card or credit card or by PayPal. We accept Mastercard, VISA and American Express debit and credit cards.
15.2 Payment for the products and all applicable delivery charges is in full at the point of order.
15.3 For more information on vouchers and discounts
1. We operate a fair use policy and stand the right to revoke any voucher or discount code.
2. We do not guarantee that every voucher code or discount code will be redeemable and we will not be held responsible for any such incidents.
3. At any given point and/or in the scenario of a sale, voucher codes and discounts codes will not be permitted.
4. No voucher code or discount code can be used in conjunction with any other offer.
5. Any refunds will be made based on actual payment, excluding voucher code/discount code.
6. For further information, please contact us at firstname.lastname@example.org
16. Our liability if you are a business This clause 16 only applies if you are a business customer.
16.1 We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes.
16.2 Nothing in these terms and conditions limit or exclude our liability for:
1. Death or personal injury caused by our negligence
2. Fraud or fraudulent misrepresentation
3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
4. Defective products under the Consumer Protection Act 1987
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, misdeed (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
1. Any loss of profits, sales, business, or revenue
2. Loss or corruption of data, information or software
3. Loss of business opportunity
4. Loss of anticipated savings
5. Loss of goodwill
6. Any indirect or consequential loss
16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, misdeed, breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the products.
16.5 Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
17.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
1. Death or personal injury caused by our negligence
2. Fraud or fraudulent misrepresentation
3. Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
4. Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples)
5. Defective products under the Consumer Protection Act 1987
18. Events outside our control
18.1 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 18.2.
18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, 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.
18.3 If an “Event Outside Our Control” takes place that affects the performance of our obligations under a Contract:
1. We will notify you as soon as reasonably possible to do so
2. 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 delivery of products to you, we will arrange a new delivery date with you after the “Event Outside Our Control” is over.
19. Communications between us
19.1 When we refer, in these terms and conditions, to "in writing", this will include email.
19.2 If you are a consumer:
1. To cancel a contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to 35 Beaufort Court, Admirals Way, Canary Wharf, Docklands, London e14 9XL. Alternatively you may wish to use the cancellation form, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
2. If you wish to contact us in writing for any other reason, you can send this to 3.18 Q West, 1100, Great West Road, Brentford, Middlesex, TW8 0GP or by sending an e-mail to firstname.lastname@example.org.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Use of our Website
20.1 Accessing our website
1. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period
2. You are responsible for making all arrangements necessary for you to have access to our website.
20.2 Your account and password
1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
20.3 Intellectual property rights
1. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Copyright laws and treaties around the world protect these works. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
5. You must not use any part of the content on our website for commercial purposes without obtaining a license to do so from us or our licensors.
20.4 No reliance on information The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
20.5 Limitation of our liability in relation to your use of our site
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. Use of, or inability to use, our website; or
2. Use of or reliance on any content displayed on our website.
4. If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. ◦
5. If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
7. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8. Limitations and exclusions of liability applying to liability arising as a result of the supply of any products by us to you are set out in clause 14 and 15 above.
1. We do not guarantee that our website will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programs and platform in order to access our website. You should use your own virus protection software.
3. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
4. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
5. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
20.7 Linking to our site
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to our website in any website that is not owned by you.
4. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the homepage.
5. We reserve the right to withdraw linking permission without notice.
6. If you wish to make any use of content on our website other than that set out above, please contact email@example.com
20.8 Third party links and resources in our site
1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.
2. We have no control over the contents of those sites or resources.
21. Other important terms
21.1 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 and conditions.
21.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
21.3 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.
21.4 Each of the paragraphs of these terms and conditions 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.
21.5 If we fail to insist that you perform any of your obligations under these terms and conditions, 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.
21.6 If you are a consumer, please note that these terms and conditions are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.7 If you are a business, these terms and conditions are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.