Terms of service

 

TERMS OF USE OF THE WEBSITE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

BY USING OUR SITE, YOU ACCEPT THESE TERMS

This page (together with our Privacy Policy and cookie policy) tells you information about us and the legal terms and conditions on which we sell any of our products listed on our website.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

 

WHAT’S IN THESE TERMS

These terms tell you the rules for using our website at www.iraandisla.com.

 

WHO WE ARE AND HOW TO CONTACT US

www.iraandisla.com is a site operated by operated by www.iraandisla.com. Throughout the site, the terms “we”, “us” and “our” refer to www.iraandisla.com.

We are Isla and Isla Baby and Kids Limited (We). We are registered in England and Wales under company registration number 08591061 and our registered office is Ira & Isla Baby and Kids Limited, 21 Milton Street, Banbury, Oxfordshire, OX16 9PL.

 

HOW TO CONTACT US

You can contact us by writing to our customer service team at customerservice@iraandisla.com.

 

OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy at www.iraandisla.com/pages/privacy-policy and

Our Cookie Policy at https://www.iraandisla.com/pages/cookie-policy which sets out information about cookie on our site.

These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure you understand them, before ordering any products from our website. Please note before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our website.

 

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time, you can review the most current version of the terms of service at any time on this page. Every time you wish to order products, please check these terms to ensure you understand the terms which apply at that time. These terms were most recently updated on 15 December 2021.

 

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that someone else knows your user identification code or password, you must promptly notify us at customerservice@iraandisla.com.
 

 

YOU CONFIRM THAT IN USING THE WEBSITE
 
All information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account.
 
You will comply with the restriction on your use of the website as set out in these terms.


YOU AGREE THAT IN USING THE WEBSITE YOU WILL NOT
 
Use the website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the website less efficient.
 
Access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.



YOU AGREE TO COMPENSATE US FULLY IF
 
A claim or legal processing is brought against us by any other person as a result of your breach of these terms: and/or
 
You have acted negligently, recklessly or in a deliberately harmful way and we have suffered losses as a result of your use of the website or any content you have submitted to us.




WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavour to ensure that the website is always available but do not guarantee that it will be available interrupted or error free.
 


OUR TRADEMARKS ARE REGISTERED

Ira & Isla Baby and Kids (trademark number UK00003153834) is a UK registered trademark of Ira & Isla Baby and Kids Limited. Other trademarks and logos, illustrations shown on the website are owned by Ira & Isla Baby and Kids limited. You are not permitted to use it without our approval. Your use of the website and its content grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.

 

RULES ABOUT LINKING TO OUR SITE

You may not copy, reproduce, republish, download post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in anyway the web pages or materials on the website other than for your own personal use.

 

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

We are the owner of the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.


You may print of one copy, and may download extracts, of any page(s) from our site for your personal use. 


You must not modify in anyway the paper or digital copies of any material you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licenses.


You must not frame our website, nor may you create a link to part of our website other than the homepage unless we give you permission (which we may withdraw at any time).

ACCURACY OF CONTENT

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 


Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these are links provided for your information only. Such links should not be interpreted as approval by us of those linked website or information you may obtain from them.

We have no control over the content of these sites or resources.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES, AND YOU MUST NOT INTRODUCE THEM

Whilst we do everything, we reasonably can to keep our site secure and free from bugs and viruses, we do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

TERMS AND CONDITIONS OF SALE 

1. THESE TERMS

1.2. WHAT THESE TERMS COVER

These are the terms and conditions of sale which apply to any order which you place through www.iraandisla.com (the Site).

 1.3. WHY YOU SHOULD READ THEM

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. WHO WE ARE

We are Isla and Isla Baby and Kids Limited (We) We are registered in England and Wales under company registration number is 08591061 and our registered office is Ira & Isla Baby and Kids Limited, 21 Milton Street, Banbury, Oxfordshire, OX16 9PL. Any reference to “we”, “us” or “our” is a reference to the company which accepts your order.

2.2. HOW TO CONTACT US

You can contact us by writing to our customer service team at customerservice@iraandisla.com.

2.3. HOW WE MAY CONTACT YOU

If we have to contact you, we will do so by telephone or in writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU

3.1. HOW WE WILL ACCEPT YOUR ORDER

The Products for sale are those that appear on the Website, on the date of the Customer’s visit, subject to Product availability. The greatest care is taken in the presentation of the products on the website. The products are presented by means of an information sheet, prepared with the greatest care and precision, to ensure the descriptions are as accurate and complete as possible. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

3.2. Our shipping pages will guide you through the steps you need to take to   place an order with us. Our order process allows you to check for any errors in the data before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.3. After you place an order, you will receive an email from us acknowledging that we have received your order. However please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in below clause:

    • Our acceptance of your order will take place when we email you to confirm dispatch of your product, at which point a contract will come into existence between you and us.
    • If we accept your order from you for a product which is then reduced in the sale before you receive it, please contact us. We will tell you whether the product has been dispatched and the following provisions shall apply:
    • If the product has been dispatched, we will refund you the difference between the price you paid and the then current sale price, subject to our right to cancel set out above.
    • If the product has been dispatched, then when you receive the product, you should return it in accordance with the returns policy requesting a refund and then re-order the product at the sale price.

3.4. IF WE CANNOT ACCEPT YOUR ORDER

If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. If we are unable to accept your order, this might be because:

    • The product is out of stock
    • There are unexpected limits on our resources which we could not reasonably plan for.
    • We have identified an error in the price or description of the product.
    • The item does not satisfy our quality control standards.
    • Or because we are unable to meet a delivery deadline you have specified.

We will not charge you for the product and will refund any money which you have paid us for it within 14 days.

3.5. YOUR ORDER NUMBER

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

4. OUR PRODUCTS

4.1. PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES

The images of the products on our website are for illustrative purposes only. However, given the digital method of presentation of the products online and due to the technical limitations on the rendering of colours by the computer hardware, screen or browser on which they are viewed, colours materials may vary.

4.2. PRODUCT PACKAGING MAY VARY

Every order is placed in a refined package, prepared with the greatest care: tissue paper and envelopes that are lighter and more ergonomic.

4.3. PRODUCT SIZING

All size and measurements are approximate; however, we do make every effort to ensure they are as accurate as possible. Please refer to the size guide for clarification. Every effort has been made to ensure that all details, descriptions, and prices of products are correct at the time when relevant information was entered onto the system.

4.4. ALL PRODUCTS COME WITH IDENTIFICATION TAG

The tag and seal on the single use packaging of purchases products must not be removed in the event of a return. If a customer chooses to exercise their right to return an order, Ira & Isla Baby and Kids may not accept the return of products that are missing their tags, whose essential qualitative characteristics have been altered or have been damaged. Our products are manufactured in limited quantities and are subject to return according to our Returns Policy.

 

5. YOUR RIGHTS TO MAKE CHANGES 

If you wish to make a change to the order after processing, please contact out customer service team directly and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with the change.

 

6. OUR RIGHTS TO MAKE CHANGES

6.1. MINOR CHANGES TO THE PRODUCTS. WE MAY CHANGE THE PRODUCT:

    • to reflect changes in relevant laws and regulatory requirements; and
    • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2. MORE SIGNIFICANT CHANGES TO THE PRODUCTS AND THESE TERMS

 

We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

7. PROVIDING THE PRODUCTS

7.1. THE DELIVERY COSTS

The cost of delivery will be as displayed to you on our website.

7.2. DELIVERING THE PRODUCTS

During the order process we will let you know when we will provide the products to you. Our estimate delivery times are set out in our Shipping & Delivery information page. We aim to dispatch products within 48 hours of your order. Deliveries take place Monday to Friday.

7.3. DELAYS OUTSIDE OUR CONTROL

We are not responsible for delays outside our control (including customs clearing). If our supply of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by an event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4. IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery or collect the product from a local depot.

7.5. IF YOU DO NOT RE-ARRANGE DELIVERY

If you do not collect the products from us as arranged or if, after failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instruction and may charge you for storage cost and any further delivery costs. If, despite our reasonable efforts we are unable to contact you or rearrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6. WHEN YOU BECOME RESPONSIBLE FOR THE GOODS

The product will be your responsibility from the time we deliver the product to the address you gave us and you (or a person at your delivery address) have accepted the products.

7.7. WHEN YOU OWN GOODS

You own a product which is goods once your order has been accepted and we have received payment in full.

7.8. WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION

We may need certain information from you so that we can supply the products to you for example, your name, address, telephone, email and required size.  We will contact you in writing to ask for the information. If you do not give us this information within a reasonable time of us asking for it, or if give us incomplete or incorrect information we may either end the contract (clause 11.2 will apply) or make an additional change of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

7.9. REASONS WE MAY SUSPEND THE SUPPLY OF PRODUCTS TO YOU

We may have to suspend the supply of a product to:

    •  Deal with technical or make minor technical changes.
    • update the product to reflect changes in relevant laws and regulatory requirements.
    • make changes to the products as requested by you or notified by us to you (see clause 6).

7.10. YOUR RIGHTS IF WE SUSPEND THE SUPPLY OF PRODUCTS TO YOU

We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it or tell you we are going to suspend it. In each case we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.11. WE MAY ALSO SUSPEND SUPPLY FOR THE PRODUCT IF YOU DO NOT PAY

If you do not pay us for the products when you are supposed to (see clause 12.7) and you still do not make payments within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the product.

7.12. IF WE MISS THE DELIVERY DEADLINES FOR ANY PRODUCTS

You may cancel your order straight away if any of the following apply:

    • we have refused to deliver the products:
    • delivery within the delivery deadline was essential (taking into account all the relevant circumstances): or
    • You told us before we accepted your order that delivery within the delivery deadline was essential.

7.13. IF YOU DO NOT WISH TO CANCEL YOUR ORDER STRAIGHT AWAY

You can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

7.14. IF YOU DO CHOOSE TO CANCEL YOUR ORDER FOR LATE DELIVERY

If you do choose to cancel your order for late delivery under above clause, you can do so for just some of the products or all of them, unless splitting them up would reduce their value. If the products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order, we will refund any sums you have paid us for the cancelled products and their delivery.

 

8. YOUR RIGHTS TO END THE CONTRACT

8.1. ENDING YOUR CONTRACT WITH US

Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

8.2. IF WHAT YOU HAVE BOUGHT IS FAULTY OR MISDESCRIBED YOU MAY HAVE A LEGAL RIGHT TO END THE CONTRACT

or to get the product replaced or to get some or all of your money back, see clause 9.

8.3. IF YOU WANT TO END THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR HAVE TOLD YOU WE ARE GOING TO DO,

see clause 8.6.

8.4. IF YOU HAVE CHANGED YOUR MIND ABOUT THE PRODUCT

see clause 8.5. You may be able to get are refund if you are within the cooling off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.

8.5. AS A CONSUMER YOU HAVE A LEGAL RIGHT TO CANCEL THE CONTRACT

You have 14 days from after the day you (or someone you nominate) receive the goods unless your goods are split into several deliveries over different days. In this case you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep a product you can notify us within the relevant period of your decision to cancel and receive a refund.

8.6. ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO.

If you are ending the contract for a reason set out in this clause. then the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:

    • We have told you about an upcoming change to the product or these terms which you do not agree to (see section 6.2.).
    • We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
    • There is a risk that supply of the products may be significantly delayed because of events outside our control.
    • We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reason
    • you have a legal right to end the contract because of something we have done wrong.

 

 9. IF THERE IS A PROBLEM WITH THE PRODUCT

 9.1. HOW TO TELL US ABOUT PROBLEMS

If you have any questions or complaints about the product, please contact us. You can email us at customerservice@iraandisla.com or write to us at Ira & Isla Baby and Kids, 21 Milton Street, Banbury, Oxfordshire, OX16 9PL.

9.2. SUMMARY OF YOUR LEGAL RIGHTS

We are under a legal duty to supply products that are in conformity with this contract.

9.3. YOUR OBLIGATION TO RETURN REJECTED PRODUCTS

If you wish to exercise your legal rights to reject products because they are faulty or misdescribed, you must post them back to us by secure means. We will pay the costs of the postage. Please email customer service at customerservice@iraandisla.com.

 

10. TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED    YOUR MIND)

10.1. TELL US YOU WANT TO END THE CONTRACT

please email us at customerservice@iraandisla.com please provide your name, home address, details of the order and where available, your phone number and email address.

10.2. RETURNING PRODUCTS AFTER ENDING THE CONTRACT

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us no later than 14 days. You must post them back to us by secure means and ensure the products reach us in good condition and unused at your own cost. Cancelled orders should be returned to Ira & Isla Baby and Kids, 21 Milton Street, Banbury, Oxfordshire, OX16 9PL.  

10.3. WHEN WE WILL PAY THE COST OF RETURN

We will pay the costs of return only:

    •  If the product is fault or misdescribed; or
    • If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to event outside our control or because you have a legal right to do so as a result of something we have done wrong.

10.4. IN ALL OTHER CIRCUMSTANCES

(Including when you are a consumer exercising your right to change your mind) you must pay the costs of return.

10.5. HOW WE WILL REFUND YOU

If you are entitled to a refund, we will refund you the price you paid for the products including shipping costs, by the method you used for payment. However, we may make deductions from the price, as described below:

10.6. DEDUCTIONS FROM REFUNDS IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND

If you are exercising your right to change your mind the following deductions from your refund may apply.

    • We may reduce your refund of the price (excluding delivery cost) to reflect any deduction in the value of the goods. If this has been caused by your handling them in a way which would not be permitted in a store. See our Return Policy information page for information about what is acceptable. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in unacceptable way, you must pay us an appropriate amount.
    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we only offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will refund what you would have paid for the cheaper delivery option.

10.7. WHEN YOUR REFUND WILL BE MADE

We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you, if earlier, the day on which you provide us with evidence that you have sent the product back to us securely. We recommend that you retain proof of sending the products back to us. If we do not receive the products, we will arrange to have them collected at your cost.

10.8. Please refer to Shipping & Delivery and Returns page on our website for more details.

 

11. OUR RIGHTS TO END THE CONTRACT

11.1. WE MAY END THE CONTRACT IF YOU BREACH IT

We may end the contract for a product at any time by writing to you if:

    • You do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
    • you do not, within a reasonable time, allow us to deliver the products to you

11.2. YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT

If we end the contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

12. PRICE AND PAYMENT

All product prices are firm. Any shipping and handling charges will be billed in addition to the product prices. The customer will be notified of these during the order placement process. Those changes are always a fixed, flat amount.

Ira & Isla Baby and Kids reserves the right, which the customer accepts, to change its prices at any time, without any formality other than applying those changes to the website. Those changes will not, however, have any impact on orders accepted by the website prior to implementation of these changes, subject to product availability.

12.2. WHERE TO FIND THE PRICE FOR THE PRODUCT

The price of the product in sterling, which will include VAT, will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advise to you is correct. However please see below for what happens if we discover an error in the price of the product you order.

12.3. WHAT HAPPENS IF WE GOT THE PRICE WRONG

It is always possible that despite our best efforts. Some of the products we sell maybe incorrectly priced. We will normally check prices before accepting your order so that, where the products correct price at your order date is less that our stated price at your order date, we will charge the lower amount. If the products correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is shown and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you and sums you have paid and require the return of any goods provided to you.

12.4. PRICING FOR OUR PRODUCTS MAY CHANGE FROM TIME TO TIME

We reserve the right to, which the customer accepts, to change our prices at any time, without any formality other than applying those changes to the Website. Those changes will not, however, have any impact on orders accepted by the Website prior to implementation of those changes, subject to Product availability.

12.5. THE PRICE OF A PRODUCT DOES NOT INCLUDE DELIVERY CHARGES

Our delivery charges are as advised to you during the checkout process before you confirm your order.

12.6. WE WILL PASS ON CHANGES IN THE RATE OF VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.7. WHEN YOU MUST PAY FOR THE PRODUCTS BEFORE WE DISPATCH THEM

We accept payment with the following debit or credit cards only, we also accept PayPal, Apple pay. You must pay for the products before we dispatch them. Please note we do not accept cheques.

12.8. YOU CONFIRM THAT THE CREDIT/DEBIT CARD IS BEING USED IS YOURS

All credit/ debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise the payment, we will not accept your order and we will not be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of your credit /debit card payment accordance with your order.

12.9. WHAT TO DO IF YOU THINK AN INVOICE IS WRONG

 If you think an invoice is wrong, please contact us promptly to let us know.

 

12. OUR LIABILITY

12.1. WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen., for example, if you discussed it with us during the sales process.

13.2. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO

This includes:

    • Death or personal injury caused by our negligence.
    • or fraud or fraudulent misrepresentation
    • Any breach of the terms implied by section 12 of the Sales of Goods Act 1979 (title and quite possession);
    • Any breach of the terms implied by section 13 to 15 of the Sales of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
    • Defective products under the Consumer Protection Act 1987.

13.3. WE ARE NOT LIABLE FOR BUSINESS LOSSES

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy and Cookie Policy. Please take time to read our policies because it includes important terms which apply to you.

 

15. OTHER IMPORTANT TERMS

15.1. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.4. NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT (EXCEPT SOMEONE YOU PASS YOUR GUARANTEE ON TO)

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.5. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

15.6. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING   LEGAL PROCEEDINGS

These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.7. ALTERNATIVE DISPUTE RESOLUTION

This is a process under which an independent body considers 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 can submit a dispute for online resolution to the European Commission’s online dispute resolution platform.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.