Terms & Conditions

TERMS AND CONDITIONS for the sale of goods ONLINE
 

BACKGROUND:

 

These Terms and Conditions are the standard terms for the sale of goods by Carlton Motor Sport Limited, trading as DeltaStyling, a Private Limited Company registered in England under number 9349899, whose registered address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire, S72 0JE and whose main trading address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire, S72 0JE.

 

1.              Definitions and Interpretation

1.1            In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day” - means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” - means any day of the year;
“Carrier" - the shipping company we use to ship your goods to you;
“Contract” - means the contract for the purchase and sale of goods and services, as explained in Clause 3;
“Goods” - means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
“Month” - means a calendar month;
“Price” - means the price payable for the Goods and/or Service and/or Shipping;
“Site” - means our Ecommerce Website;
“Services” - means our Professional Painting Service and Professional Fitting Service;
“Special Price” - means a special offer price payable for Goods which we may offer from time to time;
“Order” - means your order for the Goods as attached;
“Order Confirmation” - means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” - means Carlton Motor Sport Limited, trading as DeltaStyling, a Private Limited Company registered in England under number 9349899, whose registered address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire S72 0JE and whose main trading address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire S72 0JE.
 

1.2            Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

 

2.               Information About Us

2.1            Carlton Motor Sport Limited, trading as DeltaStyling, is a Private Limited Company registered in England under number 9349899, whose registered address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire S72 0JE and whose main trading address is Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, South Yorkshire S72 0JE.

2.2            Our VAT number is GB205346926.

 

3.              The Contract

3.1            These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2            Nothing provided by Us including, but not limited to, Our Site, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3            A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing by email.

3.4            We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1      The main characteristics of the Goods and/or Services;

3.4.2      Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);

3.4.3      The total Price for the Goods or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4      Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5      Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;

3.4.6      Our complaints handling policy;

3.4.7      We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

3.4.8      Where applicable, details of after-sales services and any warranty;

3.4.9      Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

3.4.10   Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

 

4.              Description and Specification of Goods

4.1            We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our Site, descriptions provided by Our salespeople and any sales/marketing literature.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate as we use photographs of our customers cars. The imaging used is as a guide only.

4.2            If you receive any Goods that significantly do not conform to illustrations, photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8. Please note, imaging We use is often of our customers cars. Please read the description and product information carefully for full details. This clause does not apply where misinterpretation of a photograph has taken place.

4.3            If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in Our Site, any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.4            We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

4.5            Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will produce AND/OR alter those Goods to your specifications and requirements.  A Bespoke Good includes but is not limited to a Professionally Painted Good, an altered Good, a one-off Good, a specially designed Good.

4.6            When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete.  We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. 

 

5.              Orders

5.1            All Orders for Goods made by you will be subject to these Terms and Conditions.

5.2            You may change your Order within the first 72 hours of placing your Order by contacting Us.  This does not apply to bespoke Goods.  We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work. Requests to change Orders should be made via email or telephone.

5.3            If your Order is changed, We will inform you of any change to the Price by email or telephone.

5.4            You may cancel your contract to purchase Goods and Services from us within 14 days from the date of Order without giving notice. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Business Days.  This does not apply to bespoke Goods (unless you are cancelling under sub-Clause 11.2.5 due to an event outside of Our control).  We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. If you request that your Order be cancelled, you must confirm this cancellation by email.

5.5          The cancellation period:

5.6.1       Will end 14 days from the date of purchase when you purchased a service;

5.6.2       Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;

5.6.3       Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or

5.6.4       Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.

5.6          We may cancel your Order at any time before We despatch the Goods in the following circumstances:

5.6.1       The Goods are no longer available for manufacturing; or

5.6.2        An event outside of Our control continues for more than 6 - 12 months (please see Clause 11 for events outside of Our control).

5.7           If We cancel your Order under sub-Clause 5.6 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Business Days.  If We cancel your Order, the cancellation will be confirmed by Us in writing by email.

5.8            A cancellation charge of 20% is applicable on all cancellations within 14 days.

 

6.              Price and Payment

6.1            The Price of the Goods will be that shown in Our Site in force at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

6.2            If We quote a Special Price which is different to the Price shown in Our current Site, the Special Price will be valid for 7 Business Days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

6.3            Our Prices may change at any time, but these changes will not affect any Orders that We have already accepted.

6.4            We have made every reasonable effort to ensure that Our Prices, as shown in Our current Site are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised).  If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed. This also applies to a shipping Price. The shipping Price will be checked for accuracy and any applicable changes made in line with Carrier fees.

6.5            All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you. International customers must use code VAT20 at checkout to remove the UK tax element. 

6.6            Our Prices exclude the cost of delivery.  Delivery costs will be added on to the final sum due at checkout.

6.7            All payments for Goods must be made at the time of order before We can despatch the Goods to you.

6.8            We accept the following methods of payment:

6.8.1      Debit Card;

6.8.2      Credit Card;

6.8.3      Payl8r Finance;

6.8.4      Bank Transfer, by request only;

6.8.5      PayPal, by request only.

 

7.               Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following Carriers: - Parcelforce, TNT or FedEx.

7.1            You will be required to pay delivery charges in addition to the price for the goods you purchase. Delivery charges vary according to the type of goods ordered and the delivery location. Where possible all delivery charges are pre-set on our website. It might not be possible for us to deliver to some locations.

7.2            Delivery within the UK to a mainland UK address takes 24 or 48 hours depending on the size of the goods i.e., a large body kit will be shipped with Parcelforce on their 48 Large service, smaller items to this take 24 hours. We will aim to deliver the goods by the date quoted for delivery by our carriers, but delivery times are not guaranteed and dependant on each carrier.

7.3            International shipping times vary depending on the location We are shipping to. Delivery will take place as soon as reasonably possible, depending on the location and Carrier. We will use the fastest Carrier service available to Us.

7.4            Orders with a delivery address to a destination outside the United Kingdom may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

7.5            We manufacture to order therefore We cannot provide a delivery date until We have manufactured your Order. We will provide a manufacturing timescale on your Order Confirmation.  

7.6            We will aim to deliver the goods by the date quoted for delivery by the Carriers, but delivery times are not guaranteed and dependant on each Carrier. Delivery times may vary due to unforeseen circumstances and carrier restrictions. You can find details of any Carrier restrictions by visiting their respective website. Delivery is Business Days only.

7.7            If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of Monday to Friday 8.00 a.m. to 4.00 p.m. or Saturday 8.00 a.m. to 12.00 noon.

7.8            Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.

7.9            You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. Please be precise about where you would like the goods left if you are out when We deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

7.10         If for any reason We are unable to deliver the Goods at your chosen delivery address, Our Carrier may leave your Goods at an alternative address i.e. a neighbour or nearby facility such as Post Office. You may be informed by our Carrier of this. In any event it is your responsibility to track your Goods via the Carrier website for this information.

7.11         The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.7 at which point it will pass to you.  Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.

7.12        You own the Goods once We have delivered them to you.

7.13        Delivery to the following United Kingdom areas may require more time and carry an additional surcharge:

7.13.1   Scottish Highlands and Isles;

7.13.2   Isle of Man and Isle of Wight;

7.13.3   Northern Ireland;

7.13.4   Channel Islands.

7.14        Please note carefully the following:

7.14.1   If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7.14.2   If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7.15        If any of the events in sub-Clause 7.14 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period.  If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7.16        If, despite the events in sub-Clause 7.14 and 7.15, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected.

 

8.              Faulty, Damaged or Incorrect Goods

8.1            By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  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.  Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in Clause 4, you will not be able to return those Goods.

8.2            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.  If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.

8.2.1       If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.

8.2.2       If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

8.2.3       If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), We may reduce any refund to reflect the use you have had out of the Goods.

8.2.4       Within a period of one year after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

8.3            Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of the 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 8 merely because you have changed your mind.  Please refer to Clause 9 for details of what to do if you change your mind.

8.4            To return Goods to Us for any reason under this Clause 8, you may do so in person during Our business hours of Monday – Friday 8.00 a.m. to 5.00 p.m. or you may return them to Us by post or another suitable delivery choice.  You may alternatively request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location.  We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details.  We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.

8.5            Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

8.6            Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.

8.7            For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

 

9.              Returning Goods If You Change Your Mind

9.1            If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9.  This Clause 9 does not apply to Goods that are not in compliance with your legal rights.  For such Goods please refer to Clause 8.

9.2            This Clause 9 does not apply to bespoke Goods.  Goods which We have produced or altered to order for you cannot be returned if you change your mind.

9.3            If you wish to return Goods to Us under this Clause 9 you must do so within 14 Business Days of taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.

9.4            All Goods must be returned to Us under this Clause 9 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.

9.5            You may return Goods to Us in person during Our business hours of Monday – Friday 8.00 a.m. to 5.00 p.m. or you may return them by post or another suitable delivery service of your choice.  You are solely responsible for the cost of returning Goods to Us under this Clause 9.

9.6            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.  We will charge you for collecting Goods under this Clause 9 and discuss the return Carrier costs. In any event detailed in Clause 9.5 and 9.6 We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

9.7            We will reimburse to you all payments We received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that We offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We will provide the reimbursement without undue delay and no later than the earlier of 14 Business days after we receive back from you any goods supplied or 14 Business days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 Business days after the day we were informed of your decision to change your mind. If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment. We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

9.8            Please note that this extended return period (guarantee) applies only to consumers resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal rights, not instead of them.

 

10.          Our Liability

10.1        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 (including that of Our employees, agents or sub-contractors).  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do or is due to events which are beyond our reasonable control. 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.

10.2        We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  By making your Order, you agree that you will not use the Goods for such purposes.  We will not be liable to you for any loss of profit, loss of revenues, loss of business, loss of data, interruption to business or for any loss of business opportunity.

10.3        You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

10.4        Limitation of Liability - Carlton Motor Sport Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

10.5        Nothing in these Terms and Conditions seeks to exclude or limit 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.

10.6        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

 

11.          Events Outside of Our Control (Force Majeure)

11.1        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.

11.2        If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

11.2.1   We will inform you as soon as is reasonably possible;

11.2.2   Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

11.2.3   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;

11.2.4   If the event outside of Our control continues for more than 6 – 12 months We may 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;

11.2.5   If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.

 

12.          Communication and Contact Details

12.1        If you wish to contact Us, you may do so by telephone at 07940 401425 or by email at customerservices@deltastyling.com.

12.2        In certain circumstances you must contact Us in writing (when cancelling an Order, for example).  When contacting Us in writing you may use the following methods:

12.2.1   Contact Us by email at customerservices@deltastyling.com

 

13.          Complaints and Feedback

13.1        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.

13.2        If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

13.2.1   In writing, addressed to Mrs Jane Allatt, Company Director, Carlton Motor Sport Limited, Rose Valley Cottage, Doncaster Road, Billingley, Barnsley, S72 0JE;

13.2.2   By email, addressed to Mrs Jane Allatt, Company Director at jane@deltastyling.com;

13.2.3   By contacting Us by telephone on 07940 401425 / 07940 457490.

 

14.          How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Notice available from Privacy & Cookies (deltastyling.com).

 

15.          Ownership of rights – Intellectual Property

All rights, including copyright, in this website are owned by or licensed to Carlton Motor Sport Limited, their trade name DeltaStyling and the Site’s creator. All content published and made available on our Site is the property of Carlton Motor Sport Limited and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

16.          Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

- Violate the intellectual property rights of the Site owners or any third party to the Site; or

- Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

 

17.          Other Important Terms

17.1        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 will be transferred to the third party who will remain bound by them.

17.2        You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.

17.3        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 (except the benefit of the extended return period (guarantee) in Clause 9).

17.4        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.

17.5        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.

 

18.          Alternative Dispute Resolution

18.1        Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

18.2        ODR - Online Dispute Resolution website. 

 

19.          Governing Law and Jurisdiction

19.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

19.2        As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3        Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (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.

 

20.          Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.