PSVT

Terms and Conditions

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About the Terms & Conditions

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products listed on the Port Sunlight Village Trust’s Online Shop (“Products”) – shop.portsunlightvillage.com (“Site”) – to you.

These Terms will apply to any contract between us for the sale of Products to you (the “Contract”) made using our Site. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site. If you think that there is a mistake in these Terms, please contact us to discuss.

You should print a copy of these Terms or save them to your device for future reference. We may amend these Terms from time to time as set out in Section 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

 

Information about us and how to contact us

1.1 Who we are. The Site is operated by Port Sunlight Village Trust (“we”, “us” or “our” (as appropriate)), whose registered company number is 3719976 and registered address is Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Merseyside, CH62 5DX. Our VAT number is GB 719771794. Your Contract, once made, is with Port Sunlight Village Trust.

1.2 All profits made from the sales of Products on our Site are paid directly to Port Sunlight Village Trust (registered charity number 1074713) to support its work.

1.3 How we may contact you. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

1.4 How to contact us if you are a consumer:

1.4.1 To cancel a Contract in accordance with your legal right to do so as set out in Section 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact the Visitor Services team by telephone on 0151 644 6466 or by post to Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Merseyside, CH62 5DX. You can also email us at [email protected]

If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

1.4.2 If you wish to contact us for any other reason, including any complaints, you can contact us by telephoning our Visitor Services team by telephone on 0151 644 6466 or by post to Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Merseyside, CH62 5DX. You can also email us at [email protected].

1.5 How to contact us if you are a business. You may contact us by telephoning our Visitor Services team by telephone on 0151 644 6466 or by emailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see Section 19.3.

 

2. Information about our products

2.1 You can find everything you need to know about our Products on our Site before you order. We will also confirm the key information to you by email after you order.

2.2 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.3 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, often from recycled products, all sizes, weights, capacities, dimensions and measurements indicated on our Site can differ from the Products you receive by up to 5%.

2.4 The packaging of the products may vary from that shown on images on our Site.

 

3. Business customers do not have the same rights as consumers

3.1 Some of the rights we offer under these Terms will only apply to consumers. For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our Products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

 

4. If you are a consumer

This Section 4 only applies if you are a consumer.

4.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.

4.2 Certain Products on our Site can only be purchased if you satisfy the legal age requirement for that product, these are:

4.2.1 products containing alcohol; and/or

4.2.2 knives/bladed instruments.

4.3 We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products from our Site. Proof of ID may be requested upon delivery. By placing an order with us you are confirming that you are of legal age to purchase the relevant products.

 

5. If you are a business customer

This Section 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase products.

5.2 These Terms and our Privacy Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

5.5 You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

6. How the contract is formed between you and us

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

6.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Section 6.3.

6.3 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

7. What happened if an order is rejected?

7.1 Sometimes we reject orders, for example, because a product is out of stock or no longer available, because you are located outside our delivery areas as stated on our Site or we cannot meet your requested delivery date, or because of an error in the price on our Site as referred to in Section 13.5. When this happens, we will let you know by email and refund you any sums you have paid including any delivery costs charged as soon as possible.

8. Our right to vary these Terms

8.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

8.2 Every time you order Products from us, the Terms in force at the time your order is placed will apply to the Contract between you and us.

8.3 We may revise these Terms as they apply to your order from time to time:

8.3.1 to reflect changes in relevant laws and regulatory requirements; and/or

8.3.2 in the event that there is a material change to our relationship with our suppliers.

8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. We will also provide a refund for any Products you have paid for in advance, but not received.

*This Section 9 only applies if you are a consumer.

9.1 Your legal right to change your mind. For most of our Products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs    as may be adjusted in accordance with Section 9.6 and 9,7. This is subject to some conditions, as set out below.

9.2 Our Delivery and Returns Policy. Please note, these Terms reflect the delivery and returns policy on our Site, which is more generous than your legal rights in the ways set out below. This delivery and returns policy does not affect your legal rights if there is something wrong with your Product (for more on those rights see Section 10.1).

Your legal rights How our Delivery and Returns policy is more generous
14 day period to change your mind. 30 day period to change your mind.
You pay costs of return

 

You pay costs of return unless there is something wrong with your Product (see Section 10.1).

9.3 When you don’t have the right to change your mind. You don’t have the right to change your mind about an order for:

9.3.1 products which have been personalised for you, such as stationery or gifts;

9.3.2 perishable goods such as flowers, food or real Christmas trees;

9.3.3 sealed audio or sealed video recordings, once these products are unsealed after you receive them.

9.3.4 any products which are services relating to the supply of leisure activities (including but not limited to our gift experiences), where the services provide for a specific date or period of activity.

9.3.5 products sealed for health protection or hygiene purposes, once these have been unsealed after you received them, for example, earrings.

9.4 The deadline for changing your mind. Your right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your contract End of the cancellation period

 

Your Contract is for a single Product (which is not delivered in instalments on separate days).

 

The end date is 30 days after the day on which you receive the Product.

 

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 9 February.

Your Contract is for either of the following:

 

one Product which is delivered in instalments on separate days.

 

multiple Products which are delivered on separate days.

The end date is 30 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 14 February.

9.5 How to let us know. To let us know you want to change your mind, email us at [email protected] or contact our Shop by telephone on 0151 644 6466 or by post to:

Port Sunlight Village Trust
23 King George’s Drive
Port Sunlight
Merseyside
CH62 5DX

If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

9.6 We only refund standard delivery costs. We will refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). Where you placed an order for a number of Products and you have only changed your mind in respect of some of the Products, we may retain the delivery costs you have paid (if any).

9.7 We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the product’s condition is not “as new”, price tags have been removed, the branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Visitor Services team can advise you on whether we’re likely to reduce your refund and can be contacted by ringing 0151 644 6466 or emailing us at [email protected]

9.8 When we refund you. We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

9.8.1 If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see Section 9.5;

9.8.2 If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

9.9 If a Product has been delivered to you before you decide you cancel your Contract:

9.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to our Shop at Port Sunlight village Trust:

23 King George’s Drive
Port Sunlight
Merseyside
CH62 5DX

You will be responsible for the cost of returning the Products to us unless the Product is faulty or not as described (in this case, see Section 10.1).

9.10 How we refund you. We will refund you on the credit card or debit card used by you to pay.

9.10.1 If you paid by gift card, the refund will be made to the same gift card number that you originally used to make the payment. If you no longer have that gift card, please contact our Visitor Services team by telephone on 0151 644 6466 or email [email protected].;

9.10.2 If you part-paid for your order by gift card and another payment method, your refund will always be refunded to the same gift card you used to pay with ahead of any other payment method that was used.

10.1 We honour our legal duty to provide you with Products that are as described to you on our Site and that meet all the requirements imposed by law. If you think that there is something wrong with your Product i.e. it is faulty and/or incorrect, you must either contact our Visitor Services team by telephone on 0151 644 6466 or by post to Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Merseyside, CH62 5DX. You can also email us at [email protected]. If you are emailing us or writing to us, please include details of your order to help us to identify it.

10.2 You will, if requested, return the Products so that we can investigate your claim. On receipt of the faulty and/or incorrect Product we will refund to you:

10.2.1 the price of the Products in full;

10.2.2 any reasonable costs you incur in returning the Products to us; and

10.2.3 any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive method we offer (provided that this is a common and generally acceptable method).

11. Your rights and remedies if you are a business

11.1 We warrant that on delivery, any Products shall:

11.1.1 conform in all material respects with their description;

11.1.2 be free from material defects in design, material and workmanship;

11.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

11.1.4 be fit for any purpose held out by us.

11.2 Unless an exception applies (see Section 11.3) if:

11.2.1 you give us notice in writing within 7 days  from delivery that a Product does not comply with the business customer warranty (see Section 11.1);

11.2.2 we are given a reasonably opportunity of examining such Product; and

11.2.3 you return such Product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These Terms shall apply to any repaired or replacement Products supplied by us.

11.3 Exceptions to business customers’ warranty. We will not be liable for a Product’s failure to comply with the business customer warranty if:

11.3.1 you make any further use of such Product after telling us it is non-compliant;

11.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;

11.3.3 you alter or repair the Product without our written consent; or

11.3.4 the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Delivery

12.1 We are currently only shipping to UK addresses, including Northern Ireland, Jersey and Guernsey.

12.2 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Section 17 for our responsibilities when this happens.

12.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

12.4 You own the Products once we have received payment in full, including all applicable delivery charges.

This Section 12.5 only applies if you are a consumer.

12.5 If we fail to deliver within 30 days after the Dispatch Confirmation for any Products then you may cancel your order straight away if any of the following apply:

12.5.1 we have failed to deliver the Products;

12.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

12.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

12.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Section 12.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

12.7 If you do choose to cancel your order for late delivery under Section 12.5 or Section 12.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

12.8 If you don’t, within a reasonable time, allow us to deliver the Product to you, then unless the Product is clearly personalised, we will treat your order as cancelled and refund the purchase price (see Section 9). We may also be entitled to claim any compensation due to us as a result of ending our Contract with you in this way.

 

13. Price if products and delivery charges

13.1 The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Section 13.5 for what happens if we discover an error in the price of Product(s) you ordered.

13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

13.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

14. Promotions

14.1 From time to time, we may choose to run promotions for specific product offers or discount opportunities via our Site (“Promotional Offers”).

14.2 Any descriptions or terms of a promotion set out on our Site and/or marketing communication will apply to Products (“Promotion Terms”) in addition to these Terms subject to any Promotional Offers. All of our Promotional Offers are also subject to the following specific terms and conditions:

14.2.1 Promotional Offers are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;

14.2.2 Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;

14.2.3 Promotional Offers are valid online only, they are not valid in our shops.

14.2.4 Discounts are not redeemable against the following items: Gift Cards, Gift Membership, Experiences, Touring Passes, Small Wonders, Alitex Greenhouses, Crane Sheds and Summerhouses;

14.2.5 If an item from an order which is subject to a Promotional Offer is returned, and by giving a full refund for such item, the amount spent by you would mean the order value is less than the qualifying spend for that Promotional Offer, then we may deduct the total discount given under the Promotional Offer from any refund;

14.2.6 If you are ordering on the telephone, please confirm to our representative about the Promotional Offer you are seeking to use before concluding your order. Please note that no Promotional Offer can be applied retrospectively;

14.2.7 All orders are subject to stock availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time.

14.3 To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if your order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:

14.3.1 Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms;

14.3.2 if using the Promotional Code online, enter it as requested during the check-out process;

14.3.3 Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and

14.3.4 all orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.

14.4 To the extent that there is any conflict between these Terms and the Promotion Terms, then the Promotion Terms will apply.

15.1 You can pay for Products using a debit card, credit card, Paypal or gift card.

15.2 Payment for the Products and all applicable delivery charges is in advance. We take payment when the order is placed.

16. Our Liability if you are a business

This Section 16 only applies if you are a business customer.

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

16.2 Nothing in these Terms limits or excludes our liability for:

16.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.2.2 fraud or fraudulent misrepresentation;

16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or section 2 of the Supply of Goods and Services Act 1982;

16.2.4 defective products under the Consumer Protection Act 1987; or

16.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.3 Subject to Section 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

16.3.1 any loss of profits, sales, business, or revenue;

16.3.2 loss or corruption of data, information or software;

16.3.3 loss of business opportunity;

16.3.4 loss of anticipated savings;

16.3.5 loss of goodwill; or

16.3.6 any indirect or consequential loss.

16.4 Subject to Section 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products to which your claim relates.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

17. Our Liability if you are a consumer

This Section 17 only applies if you are a consumer.

17.1 We are responsible for losses you suffer caused by us breaking a Contract with you unless the loss or damage is:

17.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);

17.1.2 Caused by a delaying event outside of our control. As long as we have taken the steps set out in the Section 17 (“Events outside our control”);

17.1.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use; or

17.1.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Section 11.2.

17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes.

 

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

18.2.1 we will contact you as soon as reasonably possible to notify you; and

18.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact our Visitor Services team by telephone on 0151 644 6466 or you can also email us at [email protected], or (if you are a consumer) by post to Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Merseyside, CH62 5DX. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges. We will also provide a refund for any Products you have paid for in advance, but not received.

19. Communication between us

19.1 When we refer, in these Terms, to ‘in writing’, this will include email.

19.2 If you are a consumer you may contact us as described in Section 1.4.

19.3 If you are a business:

19.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.

19.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission. For the purposes of this Section 18.3.2, “Business Day” means a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.

19.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

19.3.4 The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.

20. How we use your personal information.

20.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

21. You have several options for resolving disputes with us

21.1 Our complaints policy. We will do our best to resolve any problems you have with us or our Products as per our complaints policy which can be found at https://portsunlightvillage.com/feedback-complaints/. You can contact us by telephoning our Main Office at 0151 644 4800, by post to Port Sunlight Village Trust, 23 King George’s Drive, Port Sunlight, Wirral, CH62 5DX, or by emailing us at [email protected].

21.2 Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the relevant Trading Standards Office. If you are not satisfied with the outcome, you can still go to court.

21.3 You can go to court.

21.3.1 If you are a consumer, please note that these Terms are governed by the law of England and Wales and you can bring legal proceedings against us in the English courts. If you live in Wales you can bring legal proceedings in either the Welsh or the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

21.3.2 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21.3.3 If you are a business, you and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

22. Other important terms

22.1 We may transfer our rights and obligations under a Contract to another organisation. We’ll tell you in writing if this happens and if you are a consumer, we’ll ensure that the transfer won’t affect your rights under the Contract.

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

22.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

22.4 If any court or relevant authority decides that any of these Terms are unlawful or unenforceable, the rest will remain in full force and effect.

22.5 Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.