TERMS AND CONDITIONS
Please read these Terms carefully and ensure that you understand them before using Our Site.
TERMS OF USE
By using Our Site you accept these Terms.These Terms of Use govern your use of this website, uk.isseymiyake.com (“Our Site”). It is recommended that you retain a copy of these Terms of Use for future reference.
These Terms of Use were last updated on November 24, 2023.
The following documents may also apply to your use of Our Site:
- Our Privacy Policy,
- Our Cookie Policy,
- If you purchase products from Us, Our Terms of Sale.
1. Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” | means an account required to access certain features on Our Site; |
“Content” | means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
“User” | means a user of Our Site; |
“We/Us/Our” | means ISSEY MIYAKE LONDON LTD. |
2. Information About Us
Our Site is operated by ISSEY MIYAKE LONDON LTD., also known as ISSEY MIYAKE.
We are a limited company registered in England and Wales under company number 03234989. Our registered address is c/o: 6 Bevis Marks, London EC3A 7BA and Our main trading address is 33 Brook Street, London W1K 4HG.
Our VAT number is 381 375 319.
3. How to Contact Us
To contact Us by email, please email Us at info@issey.co.uk.
You can also contact Us via the chat service which may be available on some pages of the Site.
We may monitor all communications made between you and Us.
Any personal information sent to Us, whether via Our website or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
4. Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make the arrangements necessary to access Our Site.
Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
6. Changes to these Terms of Use
We may alter these Terms of Use at any time. If We do so, the details and date of the changes will be highlighted at the top of this page.
Every time you use this Site or order Products from us, the Terms in force at that time will apply to your use and the Contract between us.
7. How You May Use Our Site and Content (Intellectual Property)
All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
8. Links to Our Site
You may not link to Our Site from another website without Our permission.
Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
You must not frame or embed Our Site on another website without Our express written permission.
9. Links to Other Sites
Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
10. Disclaimers
We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees that this will always be the case. For information concerning products for sale through Our Site, please refer to Our Terms of Sale.
If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
11.Our Liability
The provisions of this Part 11 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale.
Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
12. Viruses, Malware, and Security
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By doing so, you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Acceptable Usage of Our Site
You may only use Our Site in a lawful manner:
- You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
- You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
If you fail to comply with the provisions of this Part 13 you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
- Suspend or terminate your right to use Our Site;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude all liability arising out of any actions that We may take (including, but not limited to those set out above) in response to your breach.
14. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy. Please take the time to read these, as they include important Terms which apply to you.
15. Communications from Us
If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.
We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 48 hours for your request to take effect and you may continue to receive emails during that time.
For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
16. Accounts
Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
Only Users aged 18 or over may create an Account.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
It is your responsibility to keep your Account details safe. If you believe your Account is being used by someone else without your permission, please contact Us using the details in Part 3.
You must not use another person’s Account without their permission.
All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use.
17. Law and Jurisdiction
These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, you will benefit from any mandatory provisions of the law. Nothing in these Terms takes away from or reduces your legal rights as a consumer.
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to 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.
If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms of Sale
Please read these Terms of Sale carefully before placing an order with Us.
These Terms of Sale set out the terms under which Goods are sold by Us to consumers through this website, uk.isseymiyake.com (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on January 4, 2021.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.
These Terms of Sale, as well as all Contracts, are in the English language only.
1. Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” | means a contract for the purchase and sale of Goods; |
“Goods” | means the products sold by Us through Our Site; |
“Order” | means your order for products; |
“Order Confirmation” | means Our acceptance and confirmation of your Order; |
“Order Number” | means the reference number for your Order; and |
“We/Us/Our” | means ISSEY MIYAKE LONDON LTD. |
2. How to Contact Us
To contact Us with general questions by email, please email Us at info@issey.co.uk, and to contact Us by post, please write to Us at ISSEY MIYAKE LONDON LTD., 33 Brook Street, London W1K 4HG.
To contact Us about the Goods or your Order by email, please email Us at help@uk.isseymiyake.com, and to contact Us by post, please write to Us at ISSEY MIYAKE LONDON LTD., 33 Brook Street, London W1K 4HG.
To contact Us about cancellations by email, please email Us at help@uk.isseymiyake.com, and to contact Us by post, please write to Us at ISSEY MIYAKE LONDON LTD., 33 Brook Street, London W1K 4HG.
You can also contact Us via the chat facility provided on some pages of Our Site.
Use of Our Contact Tools is subject to Part 3 of Our Terms of Use.
3. Changes to these Terms of Sale
We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, the details and date of the change will be highlighted at the top of this page.
If the changes are likely to affect an Order you have already placed, We will inform you in advance by email and you may end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
Every time you order Goods from us, the Terms in force at that time will apply to the Contract between us.
4.Customer Provisions
You may only purchase Goods from Us if you are over 18.
As a consumer you have legal rights in relation to Goods that are faulty or not as described. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
These Terms of Sale do not apply to customers purchasing Goods on behalf of a business.
We reserve the right to reject orders from any customer who we reasonably deem to have breached our terms and conditions, or for another legitimate reason.
5. Goods, Descriptions, and Changes
We make all reasonable efforts to ensure that all descriptions and images of on Our Site match the actual Goods; however, images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions.
Minor changes may be made to certain Goods from time to time, for example, to reflect changes in relevant laws and regulatory requirements or to address quality issues. Such changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
We reserve the right to change the Goods offered on Our Site at any moment, without prior notice.
You acknowledge that the Goods offered by Us are subject to stock limits.
Occasionally we may be unable to supply Goods as advertised on Our Site. In such circumstances we will inform you as soon as possible (and within the terms of delivery set out here) by email or telephone. We will give you the option to order a different item of the same type or, alternatively, to cancel your Order. Should you opt to cancel your Order no charge will be made. If your credit/debit card has already been charged, we will refund you within 48 hours.
6. Pricing
We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below.
All prices on Our Site include VAT. If the applicable VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
When shopping in a currency other than GBP please note that product prices will fluctuate with currency rates.
All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order until you respond. If you do not respond within seven days, We will treat your Order as cancelled and inform you of the cancellation in writing.
If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to our Shipping Information. Delivery options and related charges will be presented to you as part of the order process.
7. Orders and How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may end the Contract.
We will not be responsible for supplying the affected Goods late or for not supplying Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
Order Confirmations contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including details of their main characteristics;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
- Estimated delivery date(s)
Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded within 48 hours.
We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have required.
8. Payment
Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
We accept the following methods of payment: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via Apple Pay.
If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
9. When You Own the Goods
Ownership of the Goods passes to you once We have received payment in full of all sums due.
10. International Sales and Delivery
Goods shipped outside the UK may be delivered on either DDP (delivered duty paid) or DAP (delivered at place) terms, which will be clearly stated at the time of placing the Order.
If the terms are DAP, you, the recipient, are liable for all import duties, customs and local sales taxes and fees levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
We are unable to ship certain products outside the UK including products made of or containing CITES restricted materials. We will try to indicate during the order process if the product will not ship outside the UK. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.
If the Goods you receive are damaged, defective or incorrect please inform us by emailing help@uk.isseymiyake.com as soon as is reasonably possible. Returned Goods must be received by Us unused, unworn and with all their original packaging and tickets intact for us to offer a full refund.
At our discretion we may also accept returns falling outside the scope of part 12 providing you follow all the directions provided here.
11. Delivery
All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process. Details of shipping services and related delivery times are available here and will be highlighted during the order process.
We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
If you (or someone on your behalf) are not available at your address to take delivery of the Goods, We, or our agent, will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
- We have refused to deliver the Goods;
- In the relevant circumstances, delivery within the specified or agreed time was essential; or
- You told Us when ordering the Goods that delivery within the specified or agreed time was essential.
- If you do not wish to cancel as above, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
Any sums that you have already paid, for cancelled Goods and their delivery, will be refunded to you.
If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above for a return label or to arrange collection.
Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.
We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
12. Your Rights to Cancel and End the Contract
Please note that the following paragraphs 12-16 only apply if you are a consumer and a UK citizen. If you are purchasing from outside the UK, please see paragraph 10.
We want all our customers to be happy with the products they purchase from Our Site. We may, at our discretion, offer services to refund or exchange Goods as described in our Delivery and Returns information. Any such offer does not affect your legal rights in relation to ending our Contract, which are set out below.
If the Goods are faulty or misdescribed, you may have a legal right under the Consumer Rights Act to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Details of your legal rights as a consumer are available from the Citizens Advice website or by telephone from them on 0808 223 1133.
If you are a consumer and a UK or EU citizen and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 13, below, for more information.
If you wish to end the Contract because of something We have done or are going to do, please refer to Part 14 for more information.
13. Cancelling and Ending the Contract if You Change Your Mind
If you are a consumer, and a UK Citizen, Consumer Contract Regulations give you the legal right to change your mind and end the Contract for any reason during a “cooling-off period”. This 14 calendar day period begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
The cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods from your order.
If you wish to end the Contract for this reason, you must inform Us within the 14-day cooling-off period. Please inform Us by email or post. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 2.
Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by the end of the final day of the cooling-off period, your cancellation will be valid and accepted.
Please note that this right to cancel may not apply in the following circumstances:
- If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
- If the Goods have been altered, personalised or custom-made for you.
14. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
- We have informed you about a change to these Terms of Sale that you do not agree to;
- We have informed you about a change to the Goods that you do not agree to;
- We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
- There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control;
- You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in part 11 apply).
- If you cancel and end the Contract for any of the reasons set out in this Part 14, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided.
- If you wish to end the Contract for this reason, please inform Us by email or post. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 2.
15. Returning Goods After Cancelling and Ending the Contract
If you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 2 for a return label or to arrange collection.
If you are exercising your right to change your mind under the cooling-off period as set out in Part 13, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
We will cover the costs of returning the Goods to Us in the following circumstances:
- The Goods are faulty or misdescribed;
- You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
- You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
- You are cancelling and ending the Contract because We have made an error in the price or description;
- You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
- You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong
In all other circumstances, including where you are exercising your right to change your mind under the Consumer Contract Regulations, you may be required to cover the costs of returning the Goods to Us.
16. Refunds
All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, if your order was placed in a currency other than GBP your refund will be the price paid in that currency, subject to the following limitations and deductions:
- If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
- Only basic delivery charges (i.e. the cheapest option available for your Order) will be refunded. We will not reimburse the additional cost of any premium delivery service you have paid for.
All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of the day on which We receive the returned Goods or the day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier).
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, we will refund you within 14 days of you informing Us that you wish to cancel and end the Contract.
17. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer because of Our breach of these Terms of Sale (or the Contract) or because of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that our Goods are fit for commercial, business, or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors), or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.
18. Other Important Terms
We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights and obligations under this contract.
You may not transfer your obligations and rights under these Terms of Sale without Our written permission. However, if you are a consumer, and you have purchased Goods as a gift, you may transfer the benefit of your Contract to the recipient of your gift without our prior consent, provided you inform us in writing.
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 except in the case of the recipient of a gift as set out above.
If any of the provisions of these Terms of Sale 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 of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
19. Law and Jurisdiction
These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to 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.
If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.