Sales, Returns and Refunds

A. Attended Courses and Sessions

B. Online Courses

C. Digital Products

D. Goods


A. Attended Courses and Sessions

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of Attended Courses and Sessions by fit4this, the owner and provider of this Website.

1. Definitions and Interpretation

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

''Contract'' means the contract for the purchase and sale of Attended Courses and Sessions as explained in Clause 2;

''Attended Courses and Sessions'' means the course/s and session/s that require/s attendance in person at a physical venue, which is/are to be supplied by Us to you as specified in your Order (and confirmed by the Receipt of Payment);

''Price'' means the price payable for the Attended Courses and Sessions;

''Order'' means your order for the Attended Courses and Sessions;

''Receipt of Payment'' means Our acknowledgement of receipt of your payment, and Our acceptance and confirmation of your Order as described in Clause 2;

''Website'' means the Website that you are currently using (www.fit4this.co.uk); and

“Special Price” means a special offer price payable for Attended Courses and Sessions which We may offer from time to time;

''We/Us/Our'' means fit4this, the owner and provider of this Website, and includes all employees and agents of fit4this.

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, fax or other means.

2. The Contract

2.1 These Terms and Conditions govern the sale of Attended Courses and Sessions 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.

2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents, whether digital or physical, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by the Receipt for Payment.

2.4 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:

2.4.1 The main characteristics of the Attended Courses and Sessions;

2.4.2 Our identity (set out above in sub-Clause 1.1) and contact details (set out below in Clause 10);

2.4.3 The total Price for the Attended Courses and Sessions including taxes or, if the nature of the Attended Courses and Sessions is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

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

2.4.5 Where applicable, the arrangements for payment and the delivery of Attended Courses and Sessions;

2.4.6 Our complaints handling policy;

2.4.7 We shall ensure that you are aware of Our legal duty to supply Attended Courses and Sessions that are in conformity with the Contract; and

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

3. Description and Specification of Attended Courses and Sessions

3.1 We have made every reasonable effort to ensure that the Attended Courses and Sessions conform to descriptions provided by Us. We cannot, however, guarantee that all descriptions will be accurate due to changes made by Us that We consider appropriate and changes made by third parties.

3.2 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, whether digital or physical, 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 Attended Courses and Sessions, you are entitled to a refund or replacement. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Attended Courses and Sessions.

3.3 We reserve the right to make any changes in the specification of the Attended Courses and Sessions that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

4. Orders

4.1 All Orders for Attended Courses and Sessions made by you will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We start delivery of Attended Courses and Sessions detailed in your Order by contacting Us.

4.3 If your Order is changed We will inform you of any change to the Price.

4.4 You may cancel your Order at any time before We start delivery of Attended Courses and Sessions detailed in your Order by contacting Us. If you have already paid for Attended Courses and Sessions under Clause 5, you will be entitled to a refund.

4.5 We may cancel your Order at any time due to events outside of Our control (see Clause 9 for events outside of Our control) or if it is Our opinion that delivering Attended Courses and Sessions is not of suitable benefit to Our business.

4.6 If We cancel your Order under sub-Clause 4.5 and you have already paid for Attended Courses and Sessions under Clause 5, you will be entitled to a refund.

5. Price and Payment

5.1 The Price of Attended Courses and Sessions will be that shown on our Website 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.

5.2 If We quote a Special Price which is different to the Price shown on Our Website, the Special Price will be valid for 20 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.

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

5.4 We have made every reasonable effort to ensure that our Prices, as shown on Our current Website are correct. Prices will be checked when We process your Order. If the actual Price of Attended Courses and Sessions 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 Attended Courses and Sessions is higher than that stated in your Order, We will ask you how you wish to proceed.

5.5 All payments for Attended Courses and Sessions via Our website must be made in advance of Us starting delivery of the Attended Courses and Sessions detailed in your Order.

5.6 All payments for Attended Courses and Sessions via Our website are via PayPal.

6. Delivery

6.1 Delivery will be deemed to have taken place when the Attended Courses and Sessions have been delivered as described on Our Website.

6.2 If We refuse to deliver Attended Courses and Sessions, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7. Refunds and Replacements

7.1 If you do not attend Attended Courses and Sessions for reasons unrelated to provision by Us, refunds and replacements will be at Our discretion.

7.2 If you are provided with wrong Attended Courses and Sessions that are incorrect due to an administrative error made by Us you are entitled to a refund or a replacement.

7.3 If you do not receive Attended Courses and Sessions due to cancellation by Us you are entitled to a refund or a replacement. Such refund or replacement will be calculated to reflect the amount of Our non-provision.

7.4 If you are not satisfied with Attended Courses and Sessions please see Clause 3.

7.5 Refunds or replacements issued will be issued to you without undue delay.

8. Our Liability

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

8.2 We only supply Attended Courses and Sessions for private use. We make no warranty or representation that Attended Courses and Sessions are fit for commercial or business use of any kind (including resale). By making your Order, you agree that you will not use the Attended Courses and Sessions for such purposes. 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.

8.3 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.

8.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to your rights as a consumer.

9. Events Outside of Our Control (Force Majeure)

9.1 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

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

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

10. Communication and Contact Details

10.1 If you wish to contact Us, you may do so by email sent to info@fit4this.co.uk

10.2 In certain circumstances you must contact Us in writing. When contacting Us in writing you may use the following methods:

10.2.1 By email sent to info@fit4this.co.uk;

10.2.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

11. Complaints and Feedback

11.1 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.

11.2 All complaints are handled in accordance with Our complaints handling policy and procedure which is available from fit4this on request.

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

11.3.1 By email sent to info@fit4this.co.uk;

11.3.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

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

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2 We may use your personal information to:

12.2.1 Provide services and products to you;

12.2.2 Process your payment for the Attended Courses and Sessions; and

12.2.3 Inform you of new products and services available from Us. You may request that we stop sending you this information at any time.

12.3 In certain circumstances (if, for example, you wish to purchase products or services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

12.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

13. Other Important Terms

13.1 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). 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.

13.2 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

13.3 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.

13.4 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.

13.5 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.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

14.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.

B. Online Courses

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of Online Courses by fit4this, the owner and provider of this Website.

1. Definitions and Interpretation

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

''Contract'' means the contract for the purchase and sale of Online Courses as explained in Clause 2;

''Online Courses'' means the course/s which is/are to be supplied by Us to you as specified in your Order (and confirmed by the Receipt for Payment);

''Price'' means the price payable for the Course Placements;

''Order'' means your order for the Online Courses;

''Receipt for Payment'' means the written acknowledgement of receipt of your payment, and Our acceptance and confirmation of your Order as described in Clause 2;

''Website'' means the Website that you are currently using (www.fit4this.co.uk); and

“Special Price” means a special offer price payable for Online Courses which We may offer from time to time;

''We/Us/Our'' means fit4this, the owner and provider of this Website, and includes all employees and agents of fit4this.

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, fax or other means.

2. The Contract

2.1 These Terms and Conditions govern the sale of Online Courses 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.

2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents, whether digital or physical, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by the Receipt for Payment.

2.4 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:

2.4.1 The main characteristics of the Online Courses;

2.4.2 Our identity (set out above in sub-Clause 1.1) and contact details (set out below in Clause 10);

2.4.3 The total Price for the Online Courses including taxes or, if the nature of the Online Courses is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

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

2.4.5 Where applicable, the arrangements for payment and the delivery of Online Courses;

2.4.6 Our complaints handling policy;

2.4.7 We shall ensure that you are aware of Our legal duty to supply Online Courses that are in conformity with the Contract; and

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

3. Description and Specification of Online Courses

3.1 We have made every reasonable effort to ensure that the Online Courses conform to descriptions provided by Us. We cannot, however, guarantee that all descriptions will be accurate due to changes made by Us that We consider appropriate and changes made by third parties.

3.2 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, whether digital or physical, 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 Online Courses, you are entitled to a refund or replacement. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Online Courses.

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

4. Orders

4.1 All Orders for Online Courses made by you will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We start delivery of the course detailed in your Order by contacting Us.

4.3 If your Order is changed We will inform you of any change to the Price.

4.4 You may cancel your Order at any time before We start delivery of the course detailed in your Order by contacting Us. If you have already paid for the Online Courses under Clause 5, you will be entitled to a refund.

4.5 We may cancel your Order at any time before We start delivery of the course detailed in your Order due to events outside of Our control. (please see Clause 9 for events outside of Our control).

4.6 If We cancel your Order under sub-Clause 4.5 and you have already paid for Online Courses under Clause 5, you will be entitled to a refund.

5. Price and Payment

5.1 The Price of Online Courses will be that shown on our Website 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.

5.2 If We quote a Special Price which is different to the Price shown on Our Website, the Special Price will be valid for 20 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.

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

5.4 We have made every reasonable effort to ensure that our Prices, as shown on Our current Website are correct. Prices will be checked when We process your Order. If the actual Price of Online Courses 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 Online Courses is higher than that stated in your Order, We will ask you how you wish to proceed.

5.5 All payments for Online Courses via Our website must be made in advance of Us starting delivery of the course detailed in your Order.

5.6 All payments for Online Courses via Our website are via PayPal.

6. Delivery

6.1 Delivery will be deemed to have taken place when the Online Courses have been delivered as described on Our Website.

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

7. Refunds and Replacements

7.1 If you do not attend Online Courses for reasons unrelated to provision by Us, refunds and replacements will be at Our discretion.

7.2 If you are provided with wrong Online Courses that are incorrect due to an administrative error made by Us you are entitled to a refund or a replacement.

7.3 If you do not receive Online Courses due to cancellation by Us you are entitled to a refund or a replacement. Such refund or replacement will be calculated to reflect the amount of Our non-provision.

7.4 If you are not satisfied with Online Courses please see Clause 3.

7.5 Refunds or replacements issued will be issued to you without undue delay.

8. Our Liability

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

8.2 We only supply Online Courses for private use. We make no warranty or representation that Online Courses are fit for commercial or business use of any kind (including resale). By making your Order, you agree that you will not use the Online Courses for such purposes. 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.

8.3 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.

8.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to your rights as a consumer.

9. Events Outside of Our Control (Force Majeure)

9.1 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

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

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

10. Communication and Contact Details

10.1 If you wish to contact Us, you may do so by email sent to info@fit4this.co.uk

10.2 In certain circumstances you must contact Us in writing. When contacting Us in writing you may use the following methods:

10.2.1 By email sent to info@fit4this.co.uk;

10.2.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

11. Complaints and Feedback

11.1 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.

11.2 All complaints are handled in accordance with Our complaints handling policy and procedure which is available from fit4this on request.

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

11.3.1 By email sent to info@fit4this.co.uk;

11.3.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

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

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2 We may use your personal information to:

12.2.1 Provide services and products to you;

12.2.2 Process your payment for the Online Courses; and

12.2.3 Inform you of new products and services available from Us. You may request that we stop sending you this information at any time.

12.3 In certain circumstances (if, for example, you wish to purchase products or services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

12.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

13. Other Important Terms

13.1 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). 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.

13.2 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

13.3 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.

13.4 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.

13.5 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.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

14.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.

C. Digital Products

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of Digital Products by fit4this, the owner and provider of this Website.

1. Definitions and Interpretation

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

''Contract'' means the contract for the purchase and sale of Digital Products as explained in Clause 2;

''Digital Products'' means the digital product/s which is/are to be supplied by Us to you as specified in your Order (and confirmed by the Receipt for Payment);

''Price'' means the price payable for the Digital Products;

''Order'' means your order for the Digital Products;

''Receipt for Payment'' means the written acknowledgement of receipt of your payment, and Our acceptance and confirmation of your Order as described in Clause 2;

''Website'' means the Website that you are currently using (www.fit4this.co.uk); and

''We/Us/Our'' means fit4this, the owner and provider of this Website, and includes all employees and agents of fit4this.

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, fax or other means.

2. The Contract

2.1 These Terms and Conditions govern the sale of Digital Products 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.

2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents, whether digital or physical, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.1 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by the Receipt for Payment.

2.2 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:

2.2.1 The main characteristics of the Digital Products;

2.2.2 Our identity (set out above in sub-Clause 1.1) and contact details (set out below in Clause 11);

2.2.3 The total Price for the Digital Products including taxes or, if the nature of the Digital Products is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

2.2.4 Our complaints handling policy;

2.2.5 We shall ensure that you are aware of Our legal duty to supply Course Placements that are in conformity with the Contract;

2.2.6 Where applicable, details of after-sales;

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

3. Description and Specification of Digital Products

3.1 We have made every reasonable effort to ensure that the Digital Products conform to illustrations, photographs and descriptions provided by Us. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate.

3.2 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, whether digital or physical, 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 Digital Products, we will make a full refund. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Digital Products.

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

4. Orders

4.1 All Orders for Digital Products made by you will be subject to these Terms and Conditions.

4.2 If your Order is changed We will inform you of any change to the Price in writing.

4.3 We may cancel your Order in circumstances outside of Our control.

4.4 If We cancel your Order under sub-Clause 4.3 and you have already paid for the Digital Products we will refund the payment to you.

5. Price and Payment

5.1 The Price of the Digital Products will be that shown on Our Website at the time of your Order.

5.2 We have made every reasonable effort to ensure that our Prices, as shown in Our current Website are correct. If the actual Price of the Digital Products 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 Digital Products is higher than that stated in your Order, We will ask you how you wish to proceed.

5.3 All payments for Digital Products must be made in advance of Us supplying the Digital Products.

5.4 All payments for Digital Products are via PayPal.

6. Delivery

6.1 All Digital Products will be delivered electronically.

6.2 Digital Products will be made available for download instantly following correct payment.

6.3 Delivery will be deemed to have taken place when you have downloaded the Digital Products.

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

7. Incorrect Products

If you receive Digital Products that are incorrect, caused by a mistake made by Us in delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), You may request to have Us deliver the correct Product or have the payment refunded.

8. If You Change Your Mind

We will not exchange Digital Products for replacements or issue refunds if We have delivered the correct Digital Products.

9. Our Liability

9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

9.2 We only supply Digital Products for domestic and private use. We make no warranty or representation that the Digital Products 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 Digital Products for such purposes. 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.

9.3 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.

9.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

9.4.1 Breach of your right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;

9.4.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;

9.4.3 Our liability relating to defective Digital Products as set out in the Consumer Protection Act 1987.

10. Events Outside of Our Control (Force Majeure)

10.1 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

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

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

10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Digital Products as necessary;

10.2.4 If the event outside of Our control continues for more than 12 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

10.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so.

11. Communication and Contact Details

11.1 If you wish to contact Us, you may do so by email sent to info@fit4this.co.uk

11.2 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:

11.2.1 By email sent to info@fit4this.co.uk;

11.2.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

12. Complaints and Feedback

12.1 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.

12.2 All complaints are handled in accordance with Our complaints handling policy and procedure which is available from fit4this on request.

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

12.3.1 By email sent to info@fit4this.co.uk;

12.3.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

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

13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

13.2 We may use your personal information to:

13.2.1 Provide products and services to you;

13.2.2 Process your payment for the Digital Products; and

13.2.3 Inform you of new Digital Products and services available from Us. You may request that we stop sending you this information at any time.

13.3 In certain circumstances (if, for example, you wish to purchase items on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

13.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

14. Other Important Terms

14.1 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). 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.

14.2 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.

14.3 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.

14.4 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.

14.5 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.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions (and the Contract) (including any on-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

15.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.

D. Goods

BACKGROUND

These Terms and Conditions are the standard terms for the sale of physical goods by fit4this, the owner and provider of this fit4this Website.

1. Definitions and Interpretation

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

“Calendar Day” means any day of the year;

“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;

“Contract” means the contract for the purchase and sale of Goods, as explained in Clause 2;

“Goods” means the physical Goods which are to be supplied by Us to you as specified in your Order (and confirmed by the Receipt for Payment);

“Month” means a calendar month;

“Price” means the price payable for the Goods;

“Website” means the website that you are currently using (www.fit4this.co.uk);

“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;

“Receipt for Payment” means the written acknowledgment of receipt of your payment, and Our acceptance and confirmation of your Order as described in Clause 2; and

We/Us/Our means fit4this, the owner and provider of this Website, and includes all employees and agents of fit4this.

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, fax or other means.

2. The Contract

2.1 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.

2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents, whether digital or physical, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by the Receipt for Payment.

2.4 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:

2.4.1 The main characteristics of the Goods;

2.4.2 Our identity (set out above in sub-Clause 1.1) and contact details (set out below in Clause 13);

2.4.3 The total Price for the Goods including taxes 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;

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

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

2.4.6 Our complaints handling policy;

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

2.4.8 Where applicable, details of after-sales services and commercial guarantees;

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

2.4.10 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.

3. Description and Specification of Goods

3.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided by Us. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to differences in the colour reproduction of electronic displays.

3.2 If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.

3.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, whether digital or physical, 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 as provided in Clause 7. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

3.4 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. Orders

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

4.2 You may change your Order at any time before we despatch the Goods by contacting Us.

4.3 If your Order is changed We will inform you of any change to the Price in writing.

4.4 You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 5, the payment will be refunded to you.

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

4.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

4.5.2 An event outside of Our control. (please see Clause 12 for events outside of Our control).

4.6 If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 5, the payment will be refunded to you. If We cancel your Order, the cancellation will be confirmed by Us in writing.

5. Price and Payment

5.1 The Price of the Goods will be that shown on our Website 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.

5.2 If We quote a Special Price which is different to the Price shown on Our Website, the Special Price will be valid for 20 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.

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

5.4 We have made every reasonable effort to ensure that our Prices, as shown on Our current Website 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.

5.5 Our Prices exclude the cost of delivery. If applicable delivery costs will be added on to the final sum due.

5.6 All payments for Goods must be made in advance before We can despatch the Goods to you.

5.7 All payments for Goods are via PayPal.

6. Delivery

6.1 Please note that the periods of time taken to deliver Goods following an Order may vary according to the availability of Goods, your location, and circumstances beyond our control. Unless agreed otherwise, the Goods will be delivered without undue delay, and not later than 30 Calendar Days after the date on which the Contract is formed if the delivery address is within the United Kingdom, and not later than 60 days if the delivery address is outside the United Kingdom.

6.2 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.

6.3 If for any reason We are unable to deliver the Goods at your chosen delivery address you will be notified as to what action to take in order to obtain the Goods by our nominated carrier or by Us.

6.4 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 6.2 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.

6.5 You own the Goods once We have received payment in full for them.

6.6 Please note carefully the following:

6.6.1 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.

6.6.2 If delivery of the Goods within an agreed time period or at an 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.

6.6.3 If you have told Us that delivery within an agreed time period or at an agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.

6.7 If any of the events in sub-Clause 6.6.2 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.

6.8 If, despite the events in sub-Clause 6.6.2 and 6.6.3, 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. If you do so, We will reimburse you without undue delay.

6.9 If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.

7. Returning Incorrect Goods

7.1 If you receive Goods that are incorrect, caused by a mistake made by Us in delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 7. This Clause 7 does not apply to Goods that you are merely not satisfied with or to Goods that are faulty. For Goods that you are dissatisfied with or faulty Goods, please see Clauses 8 or 9 respectively.

7.2 If you wish to return Goods to Us under this Clause 7 you must do so within a reasonable time of taking delivery.

7.3 All Goods must be returned to Us under this Clause 7 in their original condition, accompanied by proof of purchase.

7.4 You may return Goods to Us by post or another suitable delivery service of your choice. For Goods returned under this Clause 7 We will reimburse you for any reasonable postage or shipping costs.

7.5 Refunds or replacements will be issued to you without undue delay on Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

8. Returning Goods If You Change Your Mind

8.1 If you are not satisfied with any 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 8. This Clause 8 does not apply to Goods that are faulty. For incorrect or faulty Goods please Clauses 7 or 9 respectively.

8.2 If you wish to return Goods to Us under this Clause 8 you must do so within 28 Calendar Days of taking delivery, telling Us why you wish to return the Goods.

8.3 All Goods must be returned to Us under this Clause 8 in their original condition accompanied by proof of purchase.

8.4 You may return Goods to Us 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 8.

8.5 Refunds or replacements will be issued to you without undue delay on Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

9. Returning Damaged or Faulty Goods

9.1 If you receive Goods that are damaged or faulty you have the right to return them in exchange for a refund, replacement or repair, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are incorrect of Goods that you wish to return because you have changed your mind. Please refer to Clauses 7 or 8 above for incorrect Goods or returns if you have changed your mind.

9.2 If you wish to return Goods to Us under this Clause 9 please do so as soon as reasonably possible after discovering the damage or fault and in any event within 12 months of the Order. Please contact Us to inform Us of the fault and to arrange the return and your refund, replacement or repair.

9.3 This Clause 9 only applies to Goods that are damaged or faulty when you receive them. Faults or damage caused by normal wear and tear or improper treatment does not entitle you to return Goods under this Clause 9. We may require you to prove that the Goods in question were faulty if you return them to Us under this Clause 9 more than six months after the delivery date.

9.4 This Clause 9 does not apply if you purchased the Goods having been told by Us of the particular damage or fault (If, for example, the Goods were sold as ‘seconds’, or at a discounted rate).

9.5 You may return Goods by post or another suitable delivery service of your choice. For Goods returned under this Clause 9 We will reimburse you for any reasonable postage or shipping costs.

9.6 Refunds or replacements will be issued to you without undue delay on Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

10. Guarantee

10.1 We guarantee that for a period of 12 months from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 10.2.

10.2 Our guarantee does not apply to any defects in the Goods caused by:

v10.2.1 Normal wear and tear;

10.2.2 Deliberate damage and/or misuse of the Goods;

10.2.3 Accidental damage;

10.2.4 Failure to use the Goods in accordance with their instructions; or

10.2.5 The alteration or repair of by you or any third party that is not authorised by Us.

10.3 Our guarantee exists in addition to your legal rights as a consumer (that the Goods match Our description, that they are of satisfactory quality and that they are fit for purpose). More information on your rights as a consumer can be obtained from a Citizens Advice Bureau or from the Office of Fair Trading.

11. Our Liability

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2 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 business, interruption to business or for any loss of business opportunity.

11.3 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.

11.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

11.4.1 Breach of your right to title and quiet possession as implied by section 12 of the Sale of Goods Act 1979;

11.4.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;

11.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.

12. Events Outside of Our Control (Force Majeure)

12.1 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

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

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

12.2.3 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;

12.2.4 If the event outside of Our control continues for more than 12 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

12.2.5 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 4.4 above.

13. Communication and Contact Details

13.1 If you wish to contact Us, you may do so by email sent to info@fit4this.co.uk

13.2 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:

13.2.1 By email sent to info@fit4this.co.uk;

13.2.2 By letter addressed to to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

14. Complaints and Feedback

14.1 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.

14.2 All complaints are handled in accordance with Our complaints handling policy and procedure which is available from fit4this on request.

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

14.3.1 By email sent to info@fit4this.co.uk;

14.3.2 By letter addressed to fit4this, C/O 26 Milden Road, Sheffield, S6 4AU, South Yorkshire, England.

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

15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

15.2 We may use your personal information to:

15.2.1 Provide products and services to you;

15.2.2 Process your payment for the Goods; and

15.2.3 Inform you of new products and services available from Us. You may request that we stop sending you this information at any time.

15.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

16. Other Important Terms

16.1 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). 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.

16.2 You may transfer (assign) the benefit of the guarantee in Clause 10 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us.

16.3 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.4 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. This is subject to sub-Clause 16.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.

16.5 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.

16.6 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.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

17.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.