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terms of use

terms of use

last updated: april 6, 2016

philosophy inc. (“philosophy”, “us” or “we”) is pleased to provide these terms of use (“Terms”) to govern your use of and interaction with its website philosophyskincare.ca, as well as any mobile versions or related mobile applications, any additional websites we may add from time to time, and social media pages and platforms we may operate (collectively, “philosophyskincare.ca”). by using philosophyskincare.ca regardless of the means of access you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms, including our privacy policy.

additional terms

certain features or services offered on philosophyskincare.ca may be subject to separate terms and conditions which may be posted by philosophy from to time (“Additional Terms”). all Additional Terms are hereby incorporated by reference into these Terms. to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.

updates to these Terms

we reserve the right, in our sole discretion, to modify any portion of these Terms at any time without notice by posting the changes on philosophyskincare.ca and in other appropriate places. any changes are effective immediately upon posting, unless otherwise required under applicable laws. we will make an effort to notify you of any changes to these Terms by posting the modified Terms and updating the “last modified” date at the top of this page, and possibly in other ways as well. your continued use of philosophyskincare.ca after any modified Terms have been posted constitutes your agreement to all such modified terms and conditions.

privacy policy

philosophy’s privacy policy provides information concerning philosophy’s privacy practices with respect to philosophyskincare.ca, which governs your use of and access to philosophyskincare.ca.

product information; accuracy

we attempt to be accurate when describing our products and services on philosophyskincare.ca. however, we do not warrant that the product descriptions, colors, sizes, prices, product availability or other product and service descriptions on philosophyskincare.ca are accurate, complete, reliable, current, or error-free.

the products and services displayed on philosophyskincare.ca are only available within Canada. all prices displayed on philosophyskincare.ca are quoted in Canadian dollars and are valid and effective only in Canada.

all product material and information presented on philosophyskincare.ca is solely intended for personal educational and informational purposes.

intellectual property

all content available on philosophyskincare.ca, including but not limited to text, graphics, logos, button icons, images, video/audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of philosophy, our parent company, affiliates, partners, or licensors, and is protected by United States, Canadian and other international copyright laws.

the trademarks, logos, and service marks displayed on philosophyskincare.ca (collectively, the "Trademarks") are the registered and unregistered marks of philosophy, our parent company, affiliates, partners or licensors, in the United States, in Canada and other countries, and are protected by United States, Canadian and other international trademark laws.

except as set forth in the limited licenses section below, or as required under applicable law, neither the Content or Trademarks nor any portion of philosophyskincare.ca may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

limited license

we grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Content on philosophyskincare.ca. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose philosophyskincare.ca or any portion thereof; (ii) modify or download philosophyskincare.ca or Content (except caching or as necessary to view philosophyskincare.ca); (iii) make any use of philosophyskincare.ca or Content other than personal use; (iv) create any derivative work based upon either philosophyskincare.ca or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

we also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of philosophyskincare.ca for personal, non-commercial use only. a web site that links to philosophyskincare.ca (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with philosophy; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of philosophyskincare.ca other than the home page. we may, in our sole discretion, request that you remove any link to philosophyskincare.ca, and upon receipt of such request, you shall immediately remove such link.

any unauthorized use by you of philosophyskincare.ca or the Content or Trademarks terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms.

your obligations & responsibilities

in the access or use of philosophyskincare.ca, you shall comply with these Terms and the special warnings or instructions for access or use posted on philosophyskincare.ca. you shall act always in accordance with the law, custom and in good faith. you may not make any change or alteration to philosophyskincare.ca or any Content or services that may appear on philosophyskincare.ca and may not impair in any way the integrity or operation of philosophyskincare.ca without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms (including our privacy policy), you shall be liable for all the losses and damages that this may cause to philosophy, our parent company, subsidiaries, affiliates, partners or licensors.

website promotions

from time to time, philosophy may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “promotions”). these promotions may be subject to Additional Terms in addition to or in lieu of these Terms and may be offered by us or by third parties. we will disclose details for such promotions (such as eligibility requirements, dates of availability, contents of the promotion, etc.) when offered, and if you choose to take advantage of any promotion, you agree that your participation will be subject to such Additional Terms or other guidelines, rules, and/or policies.

third party sites

we are not responsible for the content of any third party web site pages or any other third party web sites linked to or from philosophyskincare.ca (collectively, “third party sites”). links to any third party sites appearing on philosophyskincare.ca are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

we may interact with you on certain third party sites, such as on Facebook where we post content or invite your feedback. these Terms and other areas of philosophyskincare.ca provide guidelines and rules relating to these third party sites, but philosophy does not own or control those third party sites.

your access, linking to or from any third party sites is at your own risk. philosophy is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party site linked to or from philosophyskincare.ca, nor do we assume any responsibility or liability for the actions, content, products, or services of such third party sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all third party sites that you visit.

submissions

it is our policy to decline unsolicited suggestions and ideas. notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas reviews, comments, and other content, information or materials (collectively, “submissions”) on or through philosophyskincare.ca, provided that the submission:

  1. is not confidential and proprietary (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  2. does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
  3. does not contain software viruses or malware;
  4. does not consist of political campaigning, chain letters, mass mailings, or any form of "spam".
  5. does not contain advertisements or solicitations of any kind, or other commercial content;
  6. is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;
  7. does not contain messages by non-spokesperson employees of philosophy or any of its brands purporting to speak on behalf of philosophy or containing confidential information or expressing opinions concerning philosophy;
  8. does not offer unauthorized downloads of any copyrighted, confidential or private information; and
  9. does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless philosophy expressly asks you to provide such information.

philosophy is not obligated to, but reserves the right, to monitor, remove or edit submissions in its sole discretion.

subject to our privacy policy, by transmitting or posting any submission, you hereby grant philosophy, its parent company and affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission worldwide in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. you also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

if you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. you further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. you agree to indemnify philosophy, its parent company and affiliates for all claims arising from or in connection with any claims to any rights in any submission. to the full extent permissible by applicable law, philosophy takes no responsibility and assumes no liability for any submission posted by you or any third party on or through philosophyskincare.ca.

indemnification

you agree to defend, indemnify and hold philosophy, and its directors, employees, officers, representatives, agents, parent companies, affiliates, joint ventures, and third-party service providers (collectively, the “philosophy parties”) harmless for any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the philosophy parties arising out of (1) your use of philosophyskincare.ca or your breach of any part of these Terms, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any applicable Canadian or foreign law or the rights of a third party. you also agree to indemnify the philosophy parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. the applicable philosophy party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such philosophy party.

we do not systematically review any review material submitted by users. we are not responsible for the content of review material. we do not necessarily endorse any opinion contained in such material. we make no representations or warranties, express or implied, about review material, including as to its legality or accuracy. we disclaim all liability in connection with review material to the maximum extent permitted by law. we reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your review material, or to restrict, suspend or terminate your access to all or any part of our site or any of our products or services, particularly where review material breaches these terms and we may do this with or without giving you any prior notice.

disputes

you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal costs, resulting from any third party claim, action, or demand resulting from your use of philosophyskincare.co.uk. you also agree to indemnify us for any loss, damages, or costs, including reasonable legal costs, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure or on our site.

termination

you may terminate this agreement by providing written notice to us. upon such termination, you shall cease all use of philosophyskincare.co.uk and we shall be permitted to delete your account and any and all information associated therewith.

disputes

with respect to any dispute regarding the philosophy sites, to the full extent permissible by applicable law, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by all applicable federal laws of the United States and the laws of the State of New York, without giving effect to its conflict of laws provision.

to the fullest extent permitted by law, any dispute relating in any way to your visit to the philosophy sites shall be instituted in a state of federal court sitting in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.

If any content on the philosophy sites, or your use of the philosophy sites, is contrary to the laws of the place where you reside when you access the philosophy sites, the philosophy sites are not intended for you, and we ask you not to use the philosophy sites. you are responsible for informing yourself of the laws of your jurisdiction and complying with them.

limitation of liability

to the full extent permissible by applicable law, under no circumstances shall any of the philosophy parties be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. your sole and exclusive remedy hereunder shall be for you to discontinue your use of philosophyskincare.ca and terminate this agreement. these limited remedies shall apply notwithstanding any failure of their essential purpose.

termination

you may terminate your agreement to these Terms by providing written notice to us. upon such termination, you shall cease all use of philosophyskincare.ca and we shall be permitted to delete any and all information associated with you.

changes to philosophyskincare.ca

philosophy may terminate these Terms and deny you access to philosophyskincare.ca (or any part thereof) at any time, immediately and without notice, if in philosophy’s sole discretion you fail to comply with any term or condition of these Terms.

philosophy also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, philosophyskincare.ca (or any part thereof) with or without notice. you agree that philosophy shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of philosophyskincare.ca.

general information

you acknowledge and agree that these Terms, which include our privacy policy, constitute the complete and exclusive agreement between you and philosophy concerning your use of philosophyskincare.ca, and supersede and govern all prior proposals, agreements, or other communications.

nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. in the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

if any Content on philosophyskincare.ca, or your use of philosophyskincare.ca, is contrary to the laws of the place where you reside when you access philosophyskincare.ca, philosophyskincare.ca are not intended for you, and we ask you not to use philosophyskincare.ca. you are responsible for informing yourself of the laws of your jurisdiction and complying with them.

you may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of philosophy, which may be withheld at philosophy’s sole discretion. any attempted assignment that does not comply with these Terms shall be null and void. philosophy may assign these Terms, in whole or in part, to any third party in its sole discretion.

contact us

if you have any questions regarding these Terms, please contact consumer care at 1-800-715-4023 or email us at philosophycares@cotyinc.com.

Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through www.philosophyskincare.co.uk (the "Website") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms of use ("Terms") and our privacy policy (“Privacy Policy”).

 

Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy Policy and the Terms (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us.

 

1    About us

1.1    We are Coty UK Limited and the Website is operated on our behalf. References to "we", "us" or "our" are references to Coty UK Limited. We are a company registered in England and Wales, whose registered number is 00298483 and our registered address is at St. George's House, 5 St. George's Road, Wimbledon, London SW19 4DR. Our VAT number is 490891118

 

1.2    Should you have any questions about these Terms of Sale or wish to contact us for any reason whatsoever, please use the contact details set out below:

 

post:

Coty UK Limited
St Georges House
5 St Georges Road
London
SW19 4DR

 

telephone:    08444 068 108

 

e-mail:    customercare@philosophyskincare.co.uk

 

2    About you

2.1    By ordering any Products from us, you confirm that you are:

(a) over 18 years old; (b) legally capable of entering into binding contracts; (c) resident in the United Kingdom (excluding the Channel Islands); (d) ordering Products for delivery in the United Kingdom (excluding the Channel Islands); and (e) paying using your own credit or debit card.

 

If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.

 

2.2    Please note, we do not accept orders from individuals outside the United Kingdom (or resident in the channel islands).

 

3    Product descriptions

3.1    We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not give any guarantee, conditions or warrant that the product descriptions, colours, sizes, prices or other content available on the Website are accurate, complete, reliable, current or error-free.

 

3.2    You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products. 

 

3.3    You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, any business purposes or to copy or disseminate the Products to any other persons. We reserve the right to cancel or reduce orders placed which we believe, in our absolute discretion, may result in a breach of these Terms of Sale, the Terms or the Privacy Policy

 

4    How to order Products

4.1    When you have found a Product on the Website that you would like to buy, please click on the button labelled "add to bag".  This will add your Product to a virtual "shopping bag". You can then proceed to pay for the Products in your virtual shopping bag by clicking on the button labelled "proceed to checkout".  Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping bag.

 

4.2    You can see what Products are in your virtual shopping bag at any time by hovering over the blue tab in the top right hand corner of the webpage labelled "bag" and clicking on the button labelled "view your shopping bag". If you wish to remove a Product from your virtual shopping bag, simply click on the button labelled “remove” next to the relevant Product. You can pay for the Products in your virtual shopping bag at any time by clicking the button labelled “proceed to checkout”.

 

4.3    When you click the “proceed to checkout” button, you will be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen.  All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy.

 

4.4    After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it does not represent a legally binding contract.

 

4.5    Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website). If we accept your offer, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched ("Delivery Confirmation"). The contract between us ("Contract") will only be formed when we send you the Delivery Confirmation.

 

4.6    The Contract will relate only to those Products as confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Confirmation.

 

4.7    The Contract will be concluded in English.

 

4.8    You can view details of orders placed and their status by clicking on the button labelled "order status" at the top of the webpage.

 

4.9    All promotional offers available from time to time on the site are limited to the United Kingdom  and are subject both to stock availability and the offer time period stated. Current promotions are not redeemable on (i) prior orders, (ii) in store, or (iii) through partner websites.

 

4.10    Samples are subject to availability and will only be sent to addresses in the United Kingdom (excluding the channel islands). Any samples we provide for you to test are for your personal use only.

 

5    Price and Payment

5.1    The price of the Products will be as quoted on our site from time to time except in cases of obvious error. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place.

 

5.2    Delivery charges are as set out in our delivery information.

 

5.3    All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. 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.

 

5.4    Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will normally charge the lower amount when dispatching the Product to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.  If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

 

5.5    All Products will remain our property until we have received payment in full for those Products (including delivery charges).

 

5.6    All card payments are subject to authorisation by your card issuer.  If your payment is not authorised (at any time) we will cancel your order and notify you in writing (which may include e-mail) that we have done so. 

 

5.7    If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.

 

6    Delivery of the Products

6.1    Your order will be fulfilled by the delivery date set out in our delivery guide.  Please note the dates set out in this guide are indicative only.

 

6.2    Delivery will be to the address specified in your order.  If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us. If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.

 

6.3    Please note that unfortunately we are not able to deliver any Products to a P.O. Box.

 

6.4    All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.

 

6.5    We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by a third party or circumstances beyond our control.

 

7    Return Policy

7.1    We operate a "no questions asked" returns policy provided that you return the Products to us within 28 days beginning on the day after you receive the Products.  You must take reasonable care of the Products, do not use them and return any Products received in their original and unopened packaging and condition with the relevant order reference or delivery note.

 

7.2    To return your Products please contact our customer care team on 08444 068 108  to receive the necessary return authorization code and arrange for return of the Products to Coty Operations, C/O Coty Prestige Customer Services, Henwood Industrial Estate, Ashford, Kent, TN24 8DH.  The return of any Products will be at our cost.  To qualify for a full refund on Product(s) purchased, your return must include any gifts received with your purchase.

 

7.3    If you return the Products as set out above, we will process the refund within 30 days of our receipt of the returned Products.

 

7.4    Subject to clause ?7.2, if the Products are damaged or have been incorrectly supplied then we will, at your option, either provide a replacement or you may cancel your order.

 

7.5    Any refunds given by us will be made to the debit/credit card account provided when you placed your order.

 

7.6    All items purchased through other retailers including shopping channels must be returned to the relevant retailer from which the product was purchased in accordance with their return policy.  This Philosophy Return Policy does not apply to any of those items.

 

7.7    Please note that the above right to return the Products is in addition to your right to cancel the purchase of any Products in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

 

8    Gifts and Messages

8.1    When you request a Product to be sent as a gift to a third party you give your permission that your name and address may be provided to such third party.

 

8.2    From time to time we may offer you the opportunity to include a message with a delivery. You are entirely responsible for ensuring that your message does not infringe the rights of any third party. You agree that your message will not contain anything offensive, abusive, harassing, obscene, blasphemous, racist, defamatory, scandalous, vulgar, indecent, threatening, unlawful or otherwise improper. We do not undertake to review messages but we reserve the right to do so and to refuse to print or send any message at our sole discretion.

 

9    Warranty
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

 

10    Our liability to you

10.1    We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, subject to Clauses ?9 and ?10.4, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.

 

10.2    Save as expressly set out in these Terms of Sale, we will not be liable for losses that you suffer in connection with these Terms of Sale, the Privacy Policy or the Terms that fall into the following categories (even if such losses result from our deliberate breach): (a)    special, indirect, incidental or consequential loss; or (b)    economic loss or loss of profits or revenues (whether direct or indirect loss).

 

10.3    notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage in relation to your receipt and/or use of any products, these terms of sale, and the privacy policy shall, subject to clause 10.4, be limited to the sums paid or payable for the relevant products.

 

10.4    Nothing in these Terms shall limit our liability for: (a) death or personal injury caused by our negligence; (b)    fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

11    Events outside our control

11.1    We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control ("Force Majeure Event").

 

11.2    A "Force Majeure Event" includes acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, terrorist attack or threat of terrorist attack, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining products, materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
 

11.3    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
 

12    Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 

13    Notices
All notices given by you to us must be given to us at the address or email address given in section 1.2.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the other ways specified in clause ?12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In providing 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
 

14    Other important terms

14.1    We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
 

14.2    You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms of Sale before we send you the Delivery Confirmation (in which case we have the right to assume that you have accepted the change to Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
 

14.3    these terms of sale supersede any other terms and conditions relating to the products previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
 

14.4    You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing. 
 

14.5    We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
 

14.6    No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.  Any waiver must be agreed by us in writing.  A waiver by us of any default will not constitute a waiver of any subsequent default.
 

14.7    If any court or competent authority decides that any of these Terms of Sale or any provision of a Contract are illegal, invalid or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
 

14.8    Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
 

14.9    These Terms of Sale and any Contracts for the purchase of Products concluded through the Website are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale or such Contracts or their formation, you and we shall submit to the exclusive jurisdiction of the English courts.