Terms of service
Last update: 14.04.2024
You must read these Terms and Conditions before you browse our website, and/or before you purchase any goods from the ‘My Many Steps’ online shop.
1. ABOUT US
1.1 - My Many Steps Limited is a company registered in England and Wales under company number 13777135, with its registered office at Profile West Suite 2, First Floor, 950 Great West Road, Brentford, Middlesex, United Kingdom, TW8 9ES and with VAT number GB404996865 (“My Many Steps”). My Many Steps operates the website (hosted on the Shopify Inc. platform): mymanysteps.co.uk (the “Website”) and the online shop set up thereon.
1.2 - You can contact us by emailing us at info@mymanysteps.co.uk.
2. ABOUT THESE TERMS AND CONDITIONS
2.1 - These “Terms and Conditions” are made up of three (3) parts:
PART 1 – The Website Terms of Use – this Part describes how you may access and browse our Website at www.mymanysteps.co.uk. By accessing and browsing our Website, you accept and agree to comply with the Website Terms of Use.
PART 2 – The Terms of Sale – this Part describes how you may make purchases from the My Many Steps online shop on our Website. If you make any purchase from us via the My Many Steps online shop, you are required to accept and agree to be bound by these Terms of Sale which shall be incorporated into (and therefore form part of) your contract of sale.
PART 3 – The Other Terms That Apply To You – this Part describes the other terms that apply to you in relation to any of the above aspects.
2.2 - When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the clause or section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
2.3 - In these Terms and Conditions, when we refer to "we", "us" or "our" or similar, we mean the My Many Steps.
2.4 - In these Terms and Conditions, when we refer to "you" or "your" or similar we mean:
2.4.1 - you, the person accessing or using the Website; and
2.4.2 - where applicable, the business on whose behalf you are acting.
2.5 - Please note that:
2.5.1 - If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a “Consumer User”; or
2.5.2 - if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a “Business User”).
2.6 - If you are acting on behalf of your employer or another business when you access and use the Website, you represent and warrant that:
2.6.1 - you have full legal authority to bind your employer or that business; and
2.6.2 - you agree to these Terms and Conditions on behalf of the business that you represent.
1. PART 1 - WEBSITE TERMS OF USE
1.1 - By accessing or browsing our Website, you confirm that you accept these Website Terms of Use and that you agree to comply with them. If you do not agree to these Website Terms of Use, you must not use our Website.
1.2 - We operate this Website in the United Kingdom. If you choose to access or browse our Website then, irrespective of your place of residence, your use of the Website is deemed to be occurring in the United Kingdom and will be governed by these Website Terms of Use.
1.3 - We may make changes to these Website Terms of Use from time to time. You can always check when the Website Terms of Use were last updated by checking the “date of last update” at the top of the page.
1.4 - Rules of access
1.4.1 - Access to the Website is provided on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website for business or operational reasons. Whilst we will try to give you reasonable notice of any major changes to your rights, we do not guarantee that the Website, or any content on it, will always be available or uninterrupted. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
1.4.2 - The Website is made available free of charge.
1.4.3 - The content of the Website is not intended to amount to advice on which you should rely.
1.4.4 - The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third-party website and your use of third-party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). 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.
1.4.5 - If you are a Consumer User:
1.4.5.1 - You agree not to use the Website, or any content on the 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.
1.4.5.2 - 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.
1.4.6 - If you are a Business User:
1.4.6.1 - The Website is provided “as is”.
1.4.6.2 - We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
1.4.6.3 - We will not be liable to you 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 (a) use of, or inability to use, our Website; or (b) use of or reliance on any content displayed on our Website.
1.5 - Your responsibilities
1.5.1 - You are responsible for making all arrangements necessary to have access to the Website.
1.5.2 - You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use (and any other applicable Terms and Conditions) and that they comply with them.
1.5.3 - We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access the Website and we recommend that you use your own antivirus protection software.
1.5.4 - If you are a Consumer User, you agree not to do the following. If you are a Business User, you represent and warrant that you shall not do the following:
a.use the Website in any way that breaches these Website Terms of Use (or the Terms and Conditions generally) or any applicable local, national or international law or regulation;
b. copy, or otherwise reproduce or re-sell any part of the Website unless we expressly permit you to do so;
c. do anything that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website;
d. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful;
e. attempt to gain unauthorised access to any area of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
f. establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and
g. attack the Website via a denial-of-service attack or a distributed denial-of service attack.
1.5.5 - If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or anything else – the content you supply ("User Generated Content") must comply with the following rules. If you are a Consumer User, you agree to comply with these rules. If you are a Business User, you represent and warrant that you shall comply with these rules:
1.5.5.1 - it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
1.5.5.2 - it must not harass or bully another person;
1.5.5.3 - it must be true and honest so far as you know;
1.5.5.4 - it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
1.5.5.5 - it must not be defamatory of anyone;
1.5.5.6 - it must not be unlawful;
1.5.5.7 - it must not use the material or content or infringe the rights or privacy of anyone else (for example, you should not use images of well-known characters, footage or music unless it is your own or you have permission to use it);
1.5.5.8 - it must not contain someone else’s personal details or confidential information relating to other people;
1.5.5.9 - it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
1.5.5.10 - it must not promote or condone terrorism, violence or illegal behaviour;
1.5.5.11 - it must not be harmful to minors in any way;
1.5.5.12 - it must not impersonate any person, or misrepresent your identity or affiliation with any person;
1.5.5.13 - it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
1.5.5.14 - it must not violate these Terms and Conditions.
1.5.6 - We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches clause 1.5.5 above, please contact us on info@mymanysteps.co.uk, providing your full name and address, along with details of: (i) the date on which it was posted and where it can be found on the Website; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).
1.5.7 - In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
1.5.7.1 - comment facilities;
1.5.7.2 - chat rooms; and/or
1.5.7.3 - bulletin boards,(together "Interactive Services").
1.5.8 - Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service that we provide.
1.5.9 - The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
2. PART 2 – TERMS OF SALE
2.1 - Access and eligibility
2.1.1 - If you choose to visit the My Many Steps online shop, which is operated out of the United Kingdom, in order to purchase goods from us then, irrespective of your place of residence, your purchase is deemed to be occurring in the United Kingdom and will be governed by these Terms of Sale (and the Terms and Conditions more generally).
2.1.2 - For Business Users: please note that:
2.1.2.1 - outside of these Terms and Conditions, no other terms are implied by trade, custom, practice or course of dealing; and
2.1.2.2- except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the goods. 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 goods are suitable for your purposes.
2.1.3 - Only individuals who are at least eighteen (18) years of age are able to make purchases in the My Many Steps online shop.
2.1.4 - We may make changes to these Terms of Sale from time to time (if, for example, there is a change in the law that means we need to make modifications) but the Terms of Sale applicable at the time of your order will apply to that order.
2.2 - Purchases and order process
2.2.1 - We may choose to sell a variety of items in the My Many Steps online shop from time to time, some of which may be produced and/or available to purchase in limited quantities. We reserve the right to discontinue any goods at any time.
2.2.2 - Goods (and packaging) may vary slightly from their pictures. The images 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 goods.
2.2.3 - The order process will be in English (at this time, translations at the checkout are not available).
2.2.4 - To place an order on the My Many Steps online shop, you will need to:
a. select goods and add to your cart;
b. select preferred delivery method from the options provided;
c. enter certain information necessary for the processing of the order (for example, as applicable, name, billing and delivery address, email address, payment method and details, phone number). If you do not supply the requested information, we may not be able to accept or fulfil your order;
d. the order process will ask you to check your order and correct any errors before you submit it. You are responsible for ensuring that your order details are complete and accurate. Once an order is submitted you are no longer able to make changes and we may not be able to make changes to the information on your behalf;
e. you will be asked to read carefully and then accept these Terms of Sale;
f. you will click the ‘Place Order and Pay Now’ (or equivalent) button to conclude your order.
2.2.5 - Your order constitutes an offer to us. We shall send you an email to acknowledge receipt of your order. This acknowledgement email does not constitute our acceptance of your order and does not place any obligation on us to accept or fulfil your order.
2.2.6 - If we accept your order, we will confirm this in a separate confirmation email. That confirmation email will confirm the information that you included in your order including your order number. This is the point at which a legal contract of sale between you and us will be formed. These Terms of Sale (in addition to the other Terms and Conditions) will become legally binding on you and us. We recommend that you store a copy of the contract of sale that you conclude with us as we do not keep electronic copies of these.
2.2.7 - We will also include details of your estimated delivery arrangements either within the confirmation email or in a separate email thereafter.
2.2.8 - If we do not accept your order for any reason, we will inform you of this and you will not be charged.
2.3 - Delivery of goods
2.3.1 - We are only able to deliver goods within the United Kingdom. Any orders that request delivery arrangements outside of the United Kingdom will not be accepted or, if accepted in error, will be cancelled by us.
2.3.2 - The costs of delivery will be as displayed to you on the Website when you place your order.
2.3.3 - We will provide you with a delivery estimate during the order process and will confirm such delivery estimate in the confirmation email after your order is accepted. We aim to ship accepted orders placed before 1pm on the same day, and any accepted orders placed after 1pm on the following working day.
2.3.4 - If our delivery of your order is delayed by an event that is outside of 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. We will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
2.3.5 - If no one is available at the delivery address to take delivery of your order, we will leave you a note informing you of how to rearrange delivery or collect your order from a local delivery depot. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a local delivery depot then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract of sale between us.
2.3.6 - Goods will be your responsibility from the time they are delivered to the delivery address provided by you. You will only own goods once we have received payment in full from you.
2.4 - Payment
2.4.1 - The prices for goods and delivery will be set out on the Website in GBP and are inclusive of VAT.
2.4.2 - For Business Users: 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 goods in full before the change in VAT takes effect.
2.4.3 - It is always possible that, despite our best efforts, some of the items may be incorrectly priced. We will normally check prices before accepting your order. Where an item's correct price at the time of your order is less than our stated price at that time, we will charge the lower amount. If an item's correct price at the time of your order is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept your order and it is processed where a pricing error is obvious, unmistakable and could reasonably have been recognised by you as a mispricing, we may end your contract of sale with us and refund you any sums you have paid.
2.4.4 - You may make payment using one of the payment methods set out in the order process. Payments are carried out by an independent payment processor, Shopify Payments, and its respective affiliates (and not us). The processing of your payment is therefore subject to and governed by Shopify Payments’ terms and policies (and not ours). My Many Steps is not involved in payment processing and does not accept any liability relating to these services and processes. In particular, My Many Steps is not responsible for any errors made by any payment processor. You should review the applicable terms and policies of any payment processor that applies to you.
Shopify Payments Terms of Service - United kingdom: https://www.shopify.com/legal/terms-payments/gb
2.4.5 - When making a purchase, you confirm that the card or bank account which is being used is yours and/or that you have the authorisation of the account holder to make the purchase. If you use a payment method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that payment method.
2.4.6 - All credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment, we will not be liable for any delay or non-delivery of goods. We are not liable for any charges you may be responsible for arising out of currency conversion carried out by your bank in the event that you make payment in any currency other than GBP.
2.4.7 - We will not charge your credit or debit card until the point that your order is accepted.
2.5 - Consumer Users: rights to change your mind and cancel your order
2.5.1- This clause 2.5 applies to Consumer Users only. For the avoidance of doubt, it does not apply to Business Users who are not entitled to consumer rights of cancellation.
2.5.2 - In most cases, under the law you will have a right to change your mind and cancel your contract of sale with us within fourteen (14) days of delivery of your goods without giving a reason. This right of cancellation may not always be available to you, for example, it will not be available to you in respect of:
a. bespoke goods that are created to your specification or are clearly personalised;
b. digital products that you have started to download or stream;
c. goods that are sealed for health protection or hygiene purposes, if you unseal them;
d. sealed audio recordings, sealed video recordings or sealed computer software, if you unseal them;
e. goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; and
f. any goods which become mixed inseparably with other items after their delivery.
2.5.3 - To exercise your right to cancel, you must inform us of your decision by making a clear statement (e.g., by post or email). The easiest way to do this is to contact our Customer Services team by emailing us at info@mymanysteps.co.uk. You may alternatively use the following model cancellation form, which you can complete and email to us, but you are not required to use this form:
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E-mail address: info@mymanysteps.co.uk I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*), Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date(*) |
2.5.4 - To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
2.5.5 - We will send you an acknowledgement of receipt of your notice to cancel by email.
2.5.6 - If your cancellation relates to an order of goods:
a. You must return any goods that you have already received. Once you notify us of your decision to cancel, we will provide you with a return shipping label.
b. When returning goods to us, you must post the goods within fourteen (14) days of telling us that you wish to end the contract of sale. We recommend that you keep proof of postage.
c. You are responsible for taking reasonable care of the goods until they are returned to us.
d. All returned goods will be examined upon receipt. All goods must be returned unused, with authentic labels and in original packaging. If goods are returned in good and re-saleable condition, we will refund your payment, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). If goods returned are not in a re-sellable condition, we may not be able to issue you a refund.
e. Any promotional gifts received with your purchase must also be returned.
2.5.7 - We will make the refund without undue delay, and no later than the timeframes set out here:
- fourteen (14) days after the day we receive your returned goods; or
- if earlier, fourteen (14) days after the day you provide evidence that you have returned the goods; or
- if goods had not yet been supplied, fourteen (14) days after the day on which we are informed about your decision to cancel your contract of sale.
2.5.8 - All refunds will be made using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the refund.
2.6. Rights of refund
2.6.1 - If you believe that the goods you have received are not as described, of unsatisfactory quality, faulty or otherwise not fit for purpose, please contact us as soon as possible at info@mymanysteps.co.uk. Please note: there may be minor scuff marks (or very rarely, a dark patch) on the goods which are natural marks from the production process and do not affect the use of the goods. All goods are checked before being shipped for cracks and any structural damage, however if the item is delivered to you and appears to be cracked, please do not use the goods and contact us. If you give us notice within a reasonable time of discovery of an issue with your goods that does not meet legal requirements, and provided we are given a reasonable opportunity of examining the goods and agree with your assessment, we will (subject to clause 2.6.2, and at our option) offer to repair or replace the defective goods, or refund the price of the defective goods in full.
2.6.2 - We will not be liable to offer a repair, replacement or refund in line with clause 2.6.1 if: (a) you make any further use of the goods after giving notice to us of an issue; (b) you alter or repair the goods without our written consent; (c) the issue or defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or (d) the goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
2.6.3 - If, due to unforeseen circumstances, we have accepted an order which we are then unable to fulfil, we will refund your payment.
3. PART 3 – OTHER TERMS THAT APPLY TO YOU
3.1 - Your personal information
We will only use your personal information as set out in our Privacy Policy which you can access here: https://mymanysteps.co.uk/policies/privacy-policy. Our Privacy Policy also sets out information about the use of cookies on our website. Our Privacy Policy forms part of these Terms and Conditions and should be read carefully.
3.2 - Our intellectual property
3.2.1- We (and/or our licensors) are the owners or licensees of all intellectual property rights in the Website, the online shop and its content, including but not limited to the My Many Steps name and mark and the My Many Steps product names, images and packaging. These are protected by intellectual property laws and treaties around the world. All such rights are reserved.
3.2.2 - You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions.
3.2.3 - No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
3.3 - Suspension and termination
3.3.1- If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
3.3.1.1 - issue a warning to you;
3.3.1.2 - temporarily or permanently withdraw your right to use the Website;
3.3.1.3 - issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
3.3.1.4 - take further legal action against you; and/or
3.3.1.5 - disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
3.3.2 - If we end a contract of sale in the situations set out in clause 3.3.1, we will refund any money you have paid in advance for goods 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 breaching the contract of sale.
3.4 - Complaints and disputes
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any recurrence in the future. You can always contact us here:
- Email address: info@mymanysteps.co.uk
3.5 Liability of Business Users
3.5.1- This clause 3.5 only applies to Business Users and, for the avoidance of doubt, this clause 3.5 does not apply to Consumer Users.
3.5.2 - You warrant and represent that you will comply in full with these Terms and Conditions, and you shall indemnify and keep us indemnified against any losses (including any loss, damage, fine, penalty, cost, expense or other liability including legal and other professional fees) that we suffer arising out of or connected to your breach of these Terms and Conditions.
3.6 - Medical disclaimer
3.6.1- My Many Steps is not a healthcare or medical professional or provider and does not provide medical or healthcare advice.
3.6.2 - My Many Steps does not provide equipment for medical use. [The safety standards that the product has been met are within the Health and Fitness Industry.] The goods made available on the My Many Steps online shop are not and are not intended to constitute equipment for medical use, or medical / healthcare devices (within legal definitions). They are not in any manner whatsoever intended to be used for or in relation to any health treatment, mitigation, or prevention purposes. Please consult with your healthcare professional for healthcare advice prior to using the goods if you have any concerns.
3.6.3 - The maximum weight loading that the goods can withstand is 100kg and the goods should not be used in a way that exceeds this weight limit.
3.6.4 - Subject to clause 3.7 of these Terms and Conditions and to the extent permitted by law, My Many Steps disclaims all liability for any loss or damage arising from a consumer’s use or misuse of the goods in a manner not permitted by these Terms and Conditions.
3.7 - Our liability to you
3.7.1 - Nothing in these Terms and Conditions excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
3.7.2 - If you are a Business User, this clause 3.7.2 applies to you:
3.7.2.1 - Nothing in these Terms and Conditions excludes or limits our liability for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
3.7.2.2 - We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
3.7.2.3 - Subject to clauses 3.7.1 and 3.7.2.1, we will under no circumstances be liable to you for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
3.7.2.4 - Subject to clause 3.7.1 and 3.7.2.1, our total liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to the lower of: (a) £100 and (b) the value of your order.
3.7.3 - If you are a Consumer User, this clause 3.7.3 applies to you:
3.7.3.1 - If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage that you suffer that is a reasonably foreseeable consequence of our breach of these Terms and Conditions or our negligence. Loss or damage is ‘foreseeable’ if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website. We are not responsible for any loss or damage that is not foreseeable.
3.7.3.2 - Nothing in these Terms and Conditions affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
3.7.3.3 - Subject to clauses 3.7.1, 3.7.3.1, and 3.7.3.2, our total liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to the lower of: (a) £100 and (b) the value of your order.
3.8 - Other important information
3.8.1- Each of the Parts and clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
3.8.2 - 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.
3.8.3 - This contract of sale is between you and us and no other person shall have any rights to enforce any of its terms.
3.8.4 - We may at any time subcontract our rights and obligations under the contract of sale we have with you. This will not affect your legal rights.
3.8.5 - We may transfer our rights and obligations under these Terms and Conditions to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these Terms and Conditions). Conversely, you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing prior to such transfer.
3.8.6 - Additionally, applicable to Business Users (but not Consumer Users):
3.8.6.1 - The contract of sale formed under these Terms and Conditions is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in our contract of sale.
3.8.6.2 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract of sale that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the contract of sale: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the contract of sale between us 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 goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract of sale affected by an Event Outside Our Control which has continued for more than thirty (30] days. To cancel please contact us. If you opt to cancel in these circumstances, you will return (at our cost) any relevant goods you have already received and we will refund the price you have paid.
3.8.6.3 - Any contract of sale formed is between you and us. No other person has any rights to enforce any of its terms.
3.9 -Governing law
3.9.1 - If you are a Business User:
3.9.1.1 - These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.
3.9.1.2 - We both agree to the exclusive jurisdiction of the courts of England and Wales.
3.9.2 - If you are a Consumer User and are resident in the United Kingdom or a European Union (“EU”) Member State and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident:
3.9.2.1 - These Terms and Conditions are governed by English law. This means that your access to and use of the Website, any purchases made on the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
3.9.2.2 - You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
3.9.2.3 - You may bring any dispute which may arise under these Terms and Conditions, at your discretion, to either the competent courts of England, or to the competent courts of your country of habitual residence if this country of habitual residence is within the United Kingdom or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any such dispute.
3.9.2.4 - We shall bring any dispute which may arise under these Terms and Conditions to the competent courts of your country of habitual residence if this is within the United Kingdom or is an EU Member State or otherwise the competent courts of England.