These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.egosensehome.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Dispatch Confirmation” means our acceptance and confirmation of your Order;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“We/Us/Our” means Ego Sense Home Innovation Ltd , a company registered in England under 11184426, whose registered address is The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY.
2. Information About Us
2.1 Our Site, www.egosensehome.co.uk, is owned and operated by Ego Sense Home Innovation Ltd, a limited company registered in England under 11184426, whose registered address is The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5. International Customers
5.1 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
6. Goods, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
6.1.3 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
6.1.4 We neither represent nor warrant that Goods will be available. Stock indications are not provided on Our Site.
6.2 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every week. Changes in price will not affect any order that you have already placed.
6.3 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
6.3.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
6.4 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.5 Delivery charges are included in the price of Goods on Our Site to UK Mainland customers only.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and You.
7.3 Dispatch Confirmations shall contain the following information:
7.3.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.3.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.3.3 Estimated delivery date(s) and time(s).
7.3.4 You must provide us with a telephone number on which Our courier can contact you with an estimated time of arrival. Please bear in mind that we will not dispatch your order without a valid phone number.
7.4 If requested by You to Us via email, we will also include a paper copy of the Dispatch Confirmation with your Goods.
7.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process
8.2 We accept the following methods of payment on Our Site:
8.2.2 Major Credit Cards;
8.2.3 Major Debit Cards;
8.2.4 CASH on collection;
9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 16).
9.2 If We are unable to deliver the Goods on the delivery date after you have been notified of the date (if, for example, no one is available at your address to receive the Goods, our courier is unable to park in front of your property due to delivery restrictions /yellow lines, red lines etc./, your property is difficult to find (not visible to SatNav) and you have not notified us etc.) the courier will return the goods to Us and we will reschedule the delivery date again. However, you will be charged for re-delivery (£55 for items of up to 60kg, £85 for items between 61kg -115kg and £105 for items over 115kg, to cover our expenses.
9.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:
9.3.1 We have refused to deliver your Goods; or
9.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
9.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
9.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
9.6 Delivery shall be deemed complete once We have delivered the Goods to the address; including, where relevant, any alternative address, provided in your Order.
9.7 The risk in the Goods shall remain with Us until they come into your physical possession.
9.8 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.9 Our deliveries are made by one man only (to keep our prices as low as possible), so we only offer a kerb side delivery. Please do not ask our driver to deliver your goods into your property, upstairs if you live in an apartment or a block of flats or inside your property as they are not insured to do so. Also, many of our furniture products are bulky and heavy; hence a kerb side delivery, to avoid any damage/s to your property. Also, we do not allow customers to assist our drivers with delivery.
10. Faulty, Damaged or Incorrect Goods
10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement (you will have to provide us with images detailing fault or damage via email as soon as possible – email firstname.lastname@example.org
10.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement of the Goods. We will bear any associated costs and will send you a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We are in the process of replacing the goods and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
10.3 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union, you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason (goods must be returned unused an in the original packaging). Please refer to Clause 12 for more details.
10.4 To return Goods to Us for any reason under this Clause 10, please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
10.5 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 Working Days of the day on which We agree that you are entitled to the refund.
10.6 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
10.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling and Returning Goods if You Change Your Mind
11.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
11.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
11.1.2 If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
11.1.3 If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. To contact Us directly to cancel, please use the following details:
11.2.1 Telephone: 01299 877535
11.2.2 Email: email@example.com
11.2.3 Post: The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY
11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
11.4 Please note that you may lose your legal right to cancel under this Clause 11 in the following circumstances:
11.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
11.4.2 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
11.4.3 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
11.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.
11.6 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location (The goods must be returned unused and in original unopened packaging).
11.7 You may return Goods to Us by another suitable delivery service of your choice to Our returns address at 28 The Slad, Stourport-on-Severn, DY139JW. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11. We will also charge you the direct cost to Us of collection (£55 for items of up to 60kg, £85 for items between 61kg -115kg and £105 for items over 115kg, if you request that We collect the Goods from you.
11.8 Refunds under this Clause 11 will be issued to you within 14 working days of the following:
11.8.1 The day on which We receive the Goods back in satisfying conditions; or
11.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 11.8.1); or
11.8.3 If We are collecting the Goods under sub-Clause 11.6, the day on which you inform Us that you wish to cancel the Contract; or
11.8.4 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
11.9 Refunds under this Clause 11 may be subject to deductions in the following circumstances:
11.10 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 11, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce your refund.
11.11 Please note, that We cannot reimburse for premium delivery.
11.12 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods; unless you specifically request that We make a refund using a different method.
12.1 We offer a 1 year warranty on all products against manufacturing defects where used in accordance with the instructions.
12.2 This is subject to the following exclusions:
· Moving parts (mechanisms, castors, drawers)
· Failure to adhere to manufacturers’ instructions and to the use of the Goods in accordance with manufacturers’ instructions (for self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed)
· Where the product has been tampered with by a third party or interventions by non–authorised personnel
· Where incorrect assembly occurs or use of non–recommended parts, or third party accessories not compatible with original design are used
· Seating upholstery which are subject to usage related wear and tear
· Exposure to sunlight which may cause colour to fade and certain products to warp
· Wear and tear
· The warranty for metal coverings (both chrome and colour coating) against flaking, discoloration and rust is excluded when such conditions are caused by:
· Build up of mildew and lime scale (for vanity and bathroom products)
· The use of corrosive liquids for cleaning
12.3 Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 working days of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign. This is to keep down your cost of remedying defects as We will only be responsible for refund, repair or replacement set out in paragraph 12.1 above and not for any installation, assembly, plumbing, loss of business or incidental costs. Please contact us with a full description and photographs of the fault via email firstname.lastname@example.org.
12.4 For other defects, please notify us as soon as you discover those defects and at the latest within 7 working days of delivery via email email@example.com.
12.5 Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase.
12.6 Where your product is no longer under warranty we may endeavour to repair or replace parts subject to availability. There may be charges outside of the warranty period these will be advised before proceeding.
12.7 You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose. Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
12.8 Only when we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price.
12.9 Our warranty exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose) and does not affect Your statutory rights; in particular your rights under the Consumer Contract (Information, Cancellation and Additional Charges Regulations, and Sale of Goods Act For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 10. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
13. Invalid Warranty Claims
13.1 Where We consider that Your claim for repair is not covered by the terms of any warranty, We will charge you for the spare parts supplied at their current price together with despatch expenses including post and packaging costs.
13.2 The warranty does not cover Our ex-display or shop soiled products which are sold at a discount. The warranty is only available to the first purchasing customer who registers the warranty within 28 days of purchase.
14. Our Liability to Consumers
14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
14.3 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your Local Citizens Advice Bureau or Trading Standards Office.
15. Events Outside of Our Control (Force Majeure)
15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
15.2 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. Please be aware that you may experience delays in delivery when events occur beyond our control such as extreme weather conditions or items being damaged or lost in transit. Bear this in mind if you take annual leave from work or arrange the services of a professional fitter/installer, we will not reimburse their invoices, your time or any other costs occurred by the delay or condition of a delivery. So we strongly recommend you book a fitter/installer after you have received your item in a satisfying condition. We will not take any liability for any damage caused after the installation/assembly of our products. Please ensure you used a skilled tradesman to install/assemble your item.
15.3 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
15.3.1 We will inform you as soon as is reasonably possible;
15.3.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
15.3.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
15.3.4 If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
15.3.5 If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
15.3.6 If the contract is cancelled by you or by Us under this Clause 16, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
16. Communication and Contact Details
17.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01299 877535, by email at firstname.lastname@example.org, or by post at The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY.
17.2 For matters relating the Goods or your Order, please contact Us by telephone at 01299 877535, by email at email@example.com, or by post at The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY.
17.3 For matters relating to cancellations, please contact Us by telephone at 01299 877535, by email at firstname.lastname@example.org, by post at The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY, or refer to the relevant Clauses above.
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2 All complaints are handled in accordance with Our complaints handling policy and procedure respectively.
18.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
18.3.1 In writing, addressed to The Oakley, Kidderminster Road, Droitwich Spa, Worcestershire, WR9 9AY;
18.3.2 By email, addressed to email@example.com
19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
19.2 We may use your personal information to:
19.2.1 Provide Our Goods and services to you;
19.2.2 Process your Order (including payment) for the Goods; and
19.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
19.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
19.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
20. Intellectual Property Rights
20.1 With the exception of User Content all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
20.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
20.3 You may:
20.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
20.3.2 Download Our Site (or any part of it) for caching;
20.3.3 Print pages from Our Site;
20.3.4 Download extracts from pages on Our Site; and
20.3.5 Save pages from Our Site for later and/or offline viewing.
20.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
20.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes
whether by business users or consumers.
20.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
21 Viruses, Malware and Security
21.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
21.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
21.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
21.3 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
21.4 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
21.5 By breaching the provisions of sub-Clauses 21.3 to 21.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
22 Other Important Terms
22.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
22.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
22.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
22.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
22.5 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. You are therefore advised to check this page from time to time.
23 Law and Jurisdiction
23.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
23.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
23.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.