TERMS OF SUPPLY

Last Updated: May 2013

This page (together with any document expressly referred to in them) tells you information about Us and the legal terms and conditions (“Terms”) on which We sell goods (“Products”) and/or provide services, including without limitation the Design Platform , Shop and Gift Vouchers , (“Services”) listed and available on Breakthemold.co.uk (“Site”) to you.

For additional terms relating to the sale of Products by third parties to you on the Site please also see the Terms of Third Party Supply which incorporate these Terms as appropriate. For the avoidance of doubt, for the purposes of interpretation of the full terms of the, and as the case requires, any reference to Products in these Terms will include Sellers Products, and any reference to Order in these Terms will include Orders for Sellers Products. For example, without limitation, references to Products in clauses 3, 4, 5, 7, 8, 9, 10.1, 10.3, 11, 13, 14, 15, 16, 17, 18, 23, 25, 26, 27 and 36 will be deemed to incorporate Sellers Products, and references to Orders in clauses 10.3, 10.8, 13, 15 and 27 will be deemed to incorporate Orders for Sellers Products, when interpreting these Terms as they are incorporated into the Terms of Third Party Supply

These Terms will apply to any contract between us for the sale of Products or Services to you (“Contract“). Please read these Terms carefully and make sure that you understand them, before ordering any Products or using any of Our Services from the Site.  Please note that by ordering any of Our Products and/or using any of Our Services, you agree to be bound by these Terms, the Terms of Website Use the Privacy Policy, and as appropriate your Order, the Services Confirmation, Price List, Feedback Guidelines and the other documents expressly referred to herein.

You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 27. Every time you wish to submit an Order, please check these Terms to ensure you understand the terms that will apply at that time. These Terms have been updated on the following dates:

There have been no updates to these Terms to date.

When We use the words “writing” or “written” in these Terms, this will include email unless We say otherwise.

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

1.    Definitions

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) “business day” means Monday through Friday excluding Saturdays, Sundays and bank holidays in the UK;
(b) “Event Outside Our Control” means any act, event, non-occurrence, omission or accident beyond Our reasonable control, including without limitation strikes, lock-outs, boycotts or other industrial action (whether involving our workforce or any other party), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private utility (including without limitation telecommunications networks, power, gas or water), malicious damage or sabotage, compliance with any law or governmental order, rule, regulation, sanction, embargo or direction, breakdown, cancellation or failure of machinery or transportation (including, without limitation railways, shipping, aircraft, motor transport or other means of public or private transport) and default of suppliers or subcontractors;
(c) “IP Rights” means all patents, rights to inventions, copyright and related rights, designs, logos, trade marks, service marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how, trade secrets, techniques and algorithms) and any other intellectual property rights, in each case whether registered or unregistered, or whether or not capable of registration, and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
(d) “Order” means your order and/or registration for the Products and/or Services from Us; and
(e) “User(s)” means means any person who uses the Site collectively and/or individually as the context requires and registers an account.
1.2 Any words not defined in these Terms will have the meanings set out in the Terms of Third Party Supply

2.    Information about us

2.1 We operate the Site. We are Nexian Ventures Limited (“Nexian”, “We”, “Us” and “Our”), a company registered in England and Wales under company number 07245974 and with Our registered office at 64 Southwark Bridge Road, London, SE1 0AS. Our VAT is number pending.
2.2 To contact Us, please email shop@breakthemold.co.uk.
2.3 If you have a complaint during the use of Our Services, you will bring it to Our attention at the earliest appropriate opportunity in order that remedial action may, if appropriate, be taken. You expressly acknowledge that it is unreasonable to take no action whilst using the Service but to complain later. Any outstanding complaint not resolved during the use of Our Services must be notified to Us in writing within 30 calendar days of you ceasing to use Our Services. To the extent permitted by law, We will not be liable in respect of any claims/complaints raised later than 30 calendar days from the end of your use of Our Services.
2.4 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the Contract), you can send this to Us by email to shop@breakthemold.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by email to the email address you provide to Us when you registered an account on the Site.
2.5 To As a consumer, you may have legal rights in relation to Services not carried out with reasonable skill and care, or if the Products you purchase are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
2.6 Employees of Nexian and its affiliates are permitted to participate in their personal capacity (i.e. not as Nexian employees, representatives or agents) in the transactions conducted through this Site subject to Our internal employee policy. Nexian employees, representatives or agents, when participating in any transaction in their personal capacity, are subject to these Terms.

3.    copyright

3.1 We are the owner or licensee of the IP Rights in the Site, Products and Services. We reserve all rights, title and interests in Our and Our affiliates’ IP Rights in the Site, Products and the Services offered on the Site. The Site, Products and Services are protected by copyright laws and treaties around the world. Any goodwill accruing out of the use of Our and Our affiliates’ IP Rights under these Terms will vest in Nexian and its affiliates, as the case may be.
3.2 If We design a Product for you, We will own the IP Rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you.
3.3 You will not copy, modify, reproduce or use for any commercial purpose the Products, Services or information obtained during the use of the Services offered on the Site. For the avoidance of doubt, any User of Our Design Platform and/or Shop will not copy, modify, reproduce or use for any commercial purpose any information obtained on the Design Platform and/or Shop, including without limitation the designs owned or licensed by Us, designs owned by other Users, Our Design Platform and/or Shop processes.
3.4 Our status (and that of any identified contributors), or the status of a User as the case may be, as the designer or authors of the Products and Services must always be acknowledged.
3.5 If you use the Site, Products, Services and/or any information obtained during the use of the Site, Product and Services in breach of these Terms, your right to use the Site, Products, Services and information obtained during the use of the Site, Products and Services will cease immediately and you must, at Our option, return or destroy the Products and/or information obtained during the use of the Site, Products and Services.

4.    Use of the Site

4.1 Your use of the Site is governed by Our Terms of Website Use and Privacy Policy. Please take the time to read these, as they include important terms that apply to You.
4.2 Use of the Site is limited to persons that can lawfully enter into and form contracts under the laws of England and Wales (for example, minors are not permitted to use the Site).
4.3 Only visitors to the Site who register an account and enter into this Contract may participate in ordering, buying or using the Services on the Site.

5. Your account

5.1 In order to register an account on the Site you will have to provide Us with various information that We request, including without limitation, your name, address, email address and valid credit or debit card information acceptable to Us.
5.2 If you use the Site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. To the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password on the Site. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and should take all necessary steps to ensure that the password is kept confidential and secure. You should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner, and you should change your password immediately.
5.3 You are responsible for ensuring that the details you provide Us are true, correct, complete and up to date, and for informing Us of any changes to the information you have provided. Any details that need to be updated can be submitted to us can be emailed to shop@breakthemold.co.uk using the Seller Registration Form. We cannot be held liable for lost funds when You have not maintained up to date information on your account.
5.4 We reserve the right to request additional information and to confirm the validity of your account information (including your VAT registration number) from you or government authorities and agencies as permitted by law and you irrevocably authorise Us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to Us immediately upon request.
5.5 You authorise Us to use any information provided to Us in registering an account to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of registration. You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to Us in Our sole and absolute discretion.
5.6 You may not impersonate any person or use a name you are not legally authorised to use.
5.7 You must not use the Services:
(a) in any way that causes, or is likely to cause, any Service, or any access to it to be interrupted, damaged or impaired in any way;
(b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or
(c) to cause annoyance, inconvenience or anxiety.
5.8 We reserve the right in Our sole and absolute discretion to refuse service, terminate accounts or remove or edit content for any reason in Our sole and absolute discretion.
5.9 If you provide false or incorrect registration information, do not notify Us of changes to your registration information immediately, are in breach of applicable laws, these Terms, any Contract, instructions that We give you in writing or any other applicable terms and conditions, guidelines or policies, We may terminate your account and you will no longer be permitted to access the Site.

6. How we use your personal information

6.1 You authorise Us to use any information provided to us in registering an account on the Site to verify your information (including any updated information), to obtain credit reports from time to time while You are registered to obtain an initial credit authorisation from your credit card issuer.
6.2 We only use your personal information in accordance the Privacy Policy. For details, please see the Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
6.3 Information about you and your permitted agents, including without limitation names, contact details and payment details is collected by Us when You use the Site. You are responsible for ensuring that any of your permitted agents are aware of these Terms and the Privacy Policy and that they agree with these Terms and the Privacy Policy. We may disclose this information to Our service providers (who may be located outside the UK/EEA) for various purposes including without limitation for providing you with Products, Services and access to the Site. Only information necessary for this purpose will be disclosed to them. We may use your information for the purposes set out in Our Privacy Policy. We may disclose the same to companies who act as data processors on Our behalf. Some information, for example relating to your special needs, may be “sensitive personal data” within the meaning of the Data Protection Act 1998 (as amended or replaced from time to time). We need this information to cater for your needs, but it is collected on condition that We have your positive consent. If you do not agree to Our use of your information, We cannot accept your request to purchase a Product or use the Services. You have the right to ask Us in writing for a data subject access request form to obtain a copy of the information, which We hold about you in accordance with Our Privacy Policy. You will be charged a fee for this. Any request should be addressed to shop@breakthemold.co.uk.

7. Your use of information

7.1 You may make positive recommendations of the Products and/or Services We offer on Our Site to third parties. However, unless We otherwise authorise or consent, you agree not to use any information obtained whilst using the Site and any information regarding other Users that is accessible from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited email or spamming, harassment, invasion of privacy or otherwise objectionable conduct.

8. If you are a consumer

This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you may only purchase Products and/or Services from the Site if you are at least 18 years old.
8.2 Certain Products and/or Services on the Site can only be purchased if you satisfy the legal age requirement for that Product and/or Service. We, nor the Seller (as defined in the Terms of Third Party Supply) as the case may be, are not allowed by law to supply these Products and/or Services to you if you do not satisfy these age requirements. If you are underage, please do not attempt to Order these Products and/or Services through the Site. Please read the Product and/or Services information before buying any Product and/or Service, as this will specify any age restrictions.
8.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described and in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9. If you are a business customer

This clause 9 only applies if you are a business.
9.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products and/or Services.
9.2 This Contract and any document expressly referred to in them constitutes the entire agreement between you and Us and supersedes any pre-contractual statement and previous or contemporaneous agreement, claims, representations and understandings, whether written or oral between you and Us relating to this Contract. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us that is not set out in these Terms or any document expressly referred to herein.

10. How the Contract is formed between you and Us

10.1 You may purchase a Product for sale by clicking on the “Add to Cart” button on the relevant Product’s page, provided that the Product is still showing as having a quantity of stock remaining. You must then follow the necessary “Checkout” procedure in order to purchase the Product. Multiple Products can be added to your “Basket” and purchased in one single checkout procedure.
10.2 You may purchase a Service by registering for such Service on the Site.
10.3 Our Order process allows you to check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process, and check that the details you have provided are complete and accurate, before you sign and submit your Order. If you think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
10.4 Products
(a) Your Order for a Product(s) is an offer to Nexian to buy the Product(s) in your Order. After you place an Order for Products, 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 clause 8.2(b).
(b) We will confirm Our acceptance of your Order 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. If your Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Disptach Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Product(s) specified in that Dispatch Confirmation.
(c) If We are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 13.6, We will inform you of this by email and We will not process your Order. If you have already paid for the Products, We will refund you the full amount as soon as possible.
(d) These Terms will become binding on you and Us once We send you the Dispatch Confirmation, at which point a Contract (comprising these Terms, any documents expressly referred to herein, your Order and the Dispatch Confirmation) will come into existence between you and Us. Therefore, no Contract will come into existence between you and Us unless We have sent you the Dispatch Confirmation. If you have not received a Dispatch Confirmation please contact Us on shop@breakthemold.co.uk. Your Contract is with Nexian Ventures Limited.
10.5 Services
(a) Your Order for a Service(s) is an offer to Nexian to buy and/or use the Service(s) in your Order. After you place an Order for Services, you will receive an email from Us acknowledging that We have received your Order (“Services Confirmation”). The Contract between us will only be formed when We send you the Services Confirmation.
(b) If We are unable to supply you with a Service, We will inform you of this by email and We will not process your Order. If you have already paid for the Services, We will refund you the full amount as soon as possible.
(c) These Terms will become binding on you and Us once We send you the Services Confirmation, at which point a Contract (comprising these Terms, the Terms of Third Party Supply as appropriate, any documents expressly referred to herein, your Order and the Services Confirmation) will come into existence between you and Us. Therefore, no Contract will come into existence between you and Us unless We have sent you the Services Confirmation. If you have not received a Services Confirmation please contact Us on shop@breakthemold.co.uk. Your Contract is with Nexian Ventures Limited.
10.6 If any of these Terms conflict with any term of the Order, the Order will take priority.
10.7 If you submitted an Order for and on behalf of any other person, you represent that you are a duly authorised agent of such person.
10.8 We reserve the right, in our sole and absolute discretion and without the need to give reason, to refuse to accept any Order and/or registration. In such circumstances no Contract will arise and if you have already paid for the Products and/or Services, We will refund you the full amount as soon as possible.

11. Products

11.1 The images of the Products on the Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
11.2 We have made every effort to be as accurate as possible, but there may be variances in the sizes, weights, capacities, dimensions and measurements indicated on the Site to the Products. We will seek to maintain a tolerance of 5% for all sizes, weights, capacities, dimensions and measurements indicated on the Site.
11.3 Unless expressly indicated otherwise, We are not the manufacturer of the Products sold on this Site. While We work to ensure that Product information on the Site is correct, actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the Products on the Site is provided for information purposes only. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the Product before use them.
11.4 For healthcare Products, in the event of any safety concerns or for any other information about a Product, please carefully read the information provided with the product or contact the manufacturer. Content on this Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about Products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Products by manufacturers or other third parties. This does not affect your statutory rights.
11.5 The packaging of the Products may vary from that shown on images on the Site.
11.6 All Products shown on the Site are subject to availability. We list availability information for Products sold on the Site including on each Product information page. Beyond what We say on that page or otherwise on the Site, We cannot be more specific about availability. We will inform you by email as soon as possible if the Product you have ordered is not available and We will not process your Order if made.

12. Made-to-measure Products

12.1 We make the Products according to the measurements you provide Us. You can obtain tips on how to measure by contacting Us.
12.2 Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure Products if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

13. Price of products, delivery charges and payment

13.1 The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to seek to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However if We discover an error in the price of Product(s) you ordered, please see clause 13.6 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any Order which We have confirmed with a Dispatch Confirmation.
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 quoted on the Site at checkout.
13.5 You can only pay for Products using a debit card, credit card or PayPal acceptable to Us as listed on checkout of your Order. Full payment for the Products and all applicable delivery charges as set out in your Order must be made upon submission of your Order to Us. We will not charge your debit card, credit card or PayPal account until We dispatch your Order. Please contact Us on shop@breakthemold.co.uk if you would like a VAT invoice sent to your accounts department.
13.6 You are required to pay in the currency listed which is usually Great British Pounds Sterling.
13.7 The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If We have made a mistake:
(a) where the Product’s correct price is less than the price stated on the Site, We will charge the lower amount when dispatching the Products to you. However, 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; and
(b) if the Product’s correct price is higher than the price stated on the Site, We will contact you in writing as soon as possible 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.

14. Discounts and Vouchers

14.1 From time-to-time We may offer discounts on Products and/or distribute voucher-codes. Certain Products may be excluded from discount sales and/or voucher-code campaigns. There may also be restrictions on the use of gift vouchers on discounted Products or in conjunction with voucher-codes, and any such restrictions will be contained in the terms of use of such gift voucher. If in doubt, please email shop@breakthemold.co.uk.

15. Delivery

15.1 Your Order will be fulfilled by the estimated delivery date set out on each Product information page, unless there is an Event Outside Our Control or an Event Outside the Sellers Control as the case may be. If We, or the Seller as the case may be, are unable to meet the estimated delivery date because of an Event Outside Our Control or an Event Outside the Sellers Control as the case may be, We will contact you with a revised estimated delivery date. Please see clause 34 for Our responsibilities, and clause 23.3 of the Terms of Third Party Supply for the Seller’s responsibilities, when this happens.
15.2 Please note that timescales for delivery, delivery charges and the process for delivery will vary depending on the availability of the Products, your address and the delivery method (i.e. standard postage, courier etc) used.
15.3 There may be restrictions on where a Product may be delivered. The Product information page for each Product will specify any delivery restrictions and you will not be able to buy the Product if it is not able to be delivered to your address.
15.4 If the whole of the Order is not able to be delivered at one time for any reason, including without limitation operational reasons or shortage of stock, the Order will be delivered in instalments. You will not be charged extra delivery costs for this. However, if you ask for the Order to be delivered in instalments, you may be charged extra delivery costs. Each instalment shall constitute a separate Contract governed by these Terms. If the delivery of an instalment is late or one instalment is faulty, that will not entitle you to cancel any other instalment.
15.5 Delivery will be completed when the Products are delivered to the address you gave Us. We will notify you in writing when the Products have been dispatched to the address specified in your Order. If you do not receive the Products within 14 calendar days of this notification please contact Us at shop@breakthemold.co.uk. Unless you contact Us, We will be entitled to assume that the Products have been delivered to you from 30 calendar days after this notification, and therefore, your Order will be complete from such date and We will have no further obligations to you.
15.6 You own the Product once We have received payment in full and the Products will be your responsibility once delivered to you. However, you must still comply with clause 3 of these Terms in your use of the Products once you own them.
15.7 Please note that unless otherwise stated on the Site, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

16. International delivery

16.1 When ordering Products from the Site for delivery outside of the UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.
16.2 If you Order Products from the Site for delivery outside of the UK, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
16.3 You will be responsible for payment of any such import duties and taxes. Customs policies vary widely from country to country, so please contact your local customs office for further information before placing your Order.
16.4 When ordering from the Site you are considered the importer and must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
16.5 Your privacy is important to Us and We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

17. If the Products are faulty

17.1 If you are a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

18. Manufacturer guarantees for Products

18.1 Some of the Products sold on the Site come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
18.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

19. Our warranty for Products

19.1 Some of the Products that We manufacture and sell to you may come with a guarantee. For details of the applicable terms and conditions, please refer to the guarantee provided with the Products. However, this warranty does not apply in the circumstances described in clause 19.2.
19.2 The warranty in clause 19.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
19.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

20. Providing Services

20.1 We will supply the Services to you using reasonable skill and care from the date set out in the Services Confirmation until cancelled by you or Us in accordance with these Terms.
20.2 Subject to clauses 29 (cancellation by Us) and 34 (Events Outside Our Control), We will use our reasonable endeavours to provide the Services advertised. See clause 34 for Our responsibilities when an Event Outside Our Control happens.
20.3 We may appoint independent sub-contactors to run or assist with the Services or use third parties to arrange or supply certain aspects of the Services. You agree that Our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the Services. You agree that We are not responsible for the actions or omissions of such sub-contractors or third party suppliers.
20.4 Each Service may be subject to a minimum number of Users for its operation and is subject to cancellation at short notice if there is an insufficient number of Users. If a Service is cancelled because of an insufficient number of Users, you will not be charged any further fees and will be entitled to a pro-rata refund for any Services not yet used at the time of cancellation, less any costs incurred. We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation or for any other loss or damage howsoever caused arising out of such cancellation.
20.5 We may need certain information from you that is necessary for Us to provide the Services. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this clause 20.5, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any monthly subscriptions or fee’s already due.
20.6 We may have to suspend the Services if We have to deal with technical problems, or make improvements to the Services. You do not have to pay for the Services while they are suspended under this clause 20.6 but this does not affect your obligation to pay for any monthly subscriptions or fee’s already due.
20.7 If you do not pay Us for the Services when you are supposed to as set out in clause 22, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this.
20.8 You will use all reasonable care in the use of the Services and you will comply with all reasonable instructions from Us or Our agents in relation to your use. We reserve the right to charge you for the cost of replacement or repair of anything lost or damaged by you during your use of the Services so as to reinstate the Services to the condition it was in before you damaged it, and you will be liable to pay such costs. We will notify you of any such costs in writing and you irrevocably authorise Us to charge your credit or debit card registered with Us on your account with such costs upon such notification being sent to you. You acknowledge and agree that it is reasonable for Us to make such charges to your registered credit or debit card given the Services We are offering on the Site.
20.9 You must conduct yourself in a reasonable manner at all times and maintain standards of conduct that are consistent with the aims of the Services. If, in Our sole opinion, your behaviour is deemed unsafe or unacceptable for whatever reason, your use of the Services will, in Our sole and absolute discretion be terminated with immediate effect. Circumstances in which this may occur include, without limitation, your failure to comply with the Terms of Website Use, Terms of Third Party Supply, or any instructions We may give you in writing. In such circumstances, you will not be entitled to a refund of monies paid and We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such termination or for any other loss or damage howsoever caused arising out of the termination.

21. If there is a problem with the Services

21.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable
21.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

22. Price of Services and payment

22.1 The price of the Services will be set out in Our Price List in force at the time We confirm your Order or as agreed between us in writing when you register your account. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you, unless We otherwise agree with you in writing.
22.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
22.3 It is always possible that, despite Our best efforts, Our Price List may contain incorrect prices. Where the correct price for the Service is less than Our stated price, We will charge the lower amount when processing your Order. If the correct price for the Service is higher than the price stated on Our Price List, We will contact you to tell you and for your instructions. 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 Services to you at the incorrect (lower) price.
22.4 Where We are providing Services to you, you must make full payment for Services in advance by credit or debit card acceptable to Us unless We otherwise agree with you in writing. Please contact Us on shop@breakthemold.co.uk if you would like a VAT invoice sent to your accounts department.
22.5 You are required to pay in the currency listed, which is usually Great British Pounds Sterling.
22.6 Where We do not charge you any fee, your acceptance of these Terms will constitute your payment (and therefore your consideration) for the use of the Services.

23. Ratings and feedback

23.1 Users who buy Products may leave feedback and ratings (“Feedback”) on the Site. You acknowledge and accept that your Feedback will be publicly available for viewing on the Site. We are not responsible for checking or editing the Feedback on the Site. You consent to the publication of, and authorise Us to publish Feedback even though such Feedback may be critical or defamatory of you and even though We may be aware or ought reasonably be aware that such Feedback caused or contributed to the publication of a statement that is defamatory of you. You release Us and Our affiliates from and waive all rights against Us and Our affiliates in respect of any liability arising out of or in connection with the publication of any defamatory comments about you in such Feedback.
23.2 When submitting Feedback, you must comply with the Feedback Guidelines.

24. Linking to the Site and prohibition on framing

24.1 Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site posted or maintained on any location by you or on your behalf, conveys Users directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by Users linking to the Site to be different from that seen by Users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar Products or techniques in connection with any link to or on the Site.

25. No warranties

25.1 The Site and the Services are provided on an “as is” basis. We make no other representations or warranties of any kind, express or implied, including without limitation:
(a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(b) that the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
(c) the information, content, materials or Products included on the Site will be as represented, available for sale at the time of listing, or lawful to sell;
(d) any implied warranty arising from course of dealing or usage of trade; and/or
(e) any obligation, liability, right, claim or remedy in tort, whether or not arising from Our negligence. To the full extent permissible under applicable law, We disclaims any and all such warranties.

26. Our reserved rights

26.1 We retain the right to, if We consider it appropriate in our sole and absolute discretion, immediately halt any sale, prevent or restrict access to the Site or the Services, or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, or inappropriately categorised Products. We reserve the right and have absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.

27. Our right to vary these Terms

27.1 We may revise these Terms, and any of the documents referred to herein, at any time and in our sole and absolute discretion, without notice to you. You will be subject to the Terms in force at the time that you submit your Order, unless any change to the Terms is required by law, government or regulatory authority, in which case the revised Terms shall apply to You.
27.2 We reserve the right, in our sole and absolute discretion and without the need to give reason, to amend and change any the Products and Services at any time.
27.3 Before you submit an Order, We reserve the right, in our sole and absolute discretion and without the need to give reason, to change any of the prices of Products or Services described on the Site.
27.4 Whenever We revise these Terms in accordance with this clause 27, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page. Any changes will be effective upon posting of the revisions on the Site.
27.5 Your continued use of this Site and the Services following Nexian’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Contract, then your only remedy is to cease use of the Services or this Site.

28. Your right to change your Order

28.1 You may make a change to your Order for Products and/or Services at any time before the Products are dispatched or you start using the Services by contacting Us, except in the case of made-to-measure Products. Where this means a change in the total price of the Products and/or Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 30 in these circumstances.
28.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 30. In the case of made-to-measure Products, unfortunately, because We make these Products to your specific requirements, you will not be able to cancel an Order once it is made.

29. Our rights to cancel and applicable refund

29.1 We may cancel an Order, Service, your access to the Site, your access to a Service and/or any Contract at any time in Our sole and absolute discretion on written notice to you.
29.2 If We cancel an Order and/or Contract for Products (including made-to-measure Products) and/or Services, before the Services start or before the Products are delivered, and you have made any payment in advance for Services that have not been provided to you, or Products that have not been delivered to you, We will refund these amounts to you.
29.3 Once We have begun to provide the Services to you, and if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. You will also be entitled to a pro-rata refund for any Services not yet used at the time of cancellation.
29.4 If We cancel an Order and/or Contract due to an Event Outside Our Control, We will only do so if the Event Outside Our Control continue for longer than 30 calendar days. If you have made any payment in advance for Services that have not been provided to you, or Products that have not been delivered to you, We will refund these amounts to you.
29.5 We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation or for any other loss or damage howsoever caused arising out of such cancellation.
29.6 If We cancel an Order, Service, your access to the Site, your access to a Service and/or any Contract because you fail to comply with the terms of the Contract you will forfeit 100% of the payments made by you to Us for the Products and/or Services.

30. Your rights to cancel and applicable refund

30.1 You can cancel your Order for a Product and/or Service at no cost any time before We send the Dispatch Confirmation and/or Service Confirmation email relating to that Product and/or Service. If you have made any payment in advance for Products and/or Services We will refund these amounts to you.
30.2 You may cancel a Contract from the date you receive the Dispatch Confirmation and/or the Service Confirmation, which is when the Contract between us is formed. For details on your cancellation rights in relation to Products please see clause 30.5 and in relation to Services please see clause 30.6.
30.3 To cancel an Order or Contract please contact Us in writing to tell Us by sending an email to shop@breakthemold.co.uk. Any cancellation must be notified by the User who ordered the Product and/or Service. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date We confirm receipt of your cancellation in writing. We cannot accept cancellations by telephone.
30.4 Any refunds made to you will be made to the credit card, debit card or PayPal account used by you to pay. We will process refunds due to you as soon as possible and, in any case, within 30 calendar days of the day on which We confirm receipt of your cancellation as described in clause 30.3.
30.5 Products
(a) If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 30.5(c). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify Us of your decision to cancel the Contract and receive a refund under clause 30.2. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
(b) However, this cancellation right does not apply in the case of:
(i) any made-to-measure Products;
(ii) newspapers, periodicals or magazines;
(iii) perishable goods, such as food, drink or fresh flowers;
(iv) software, DVDs or CDs which have a security seal which you have opened or unsealed.
For the avoidance of doubt, you will not be able to cancel any Contract in relation to the above listed Products.
(c) If the Products have already been delivered to you, you have a period of 7 business days in which you may cancel, starting from the day after the day you receive the Products.
(d) We must receive and approve your return request prior to any Products being returned. Once your request is received and approved, We will issue you a return authorisation notification by email. We will provide special return instructions for any Products that need to be returned.
(e) In circumstances where you return the Product to Us, We will refund the price of Product in full and any applicable delivery charges you paid for delivery of the Product to you. However, you will be responsible for the delivery charges incurred by you in returning the Product to Us. Where you wish to return the Products to US, and we need to arrange collection, We will deduct the cost of the collection from the refund that is due to you. If you returned the Products to Us because they were faulty or mis-described, please see clause 30.5(f).
(f) If you believe you received a Product in error, or you receive a defective or mis-described Product, please email us at shop@breakthemold.co.uk so that We can assist you. If We agree that the Product is defective or mis-described you will return the Product to Us. We will refund the price of a defective or mis-described Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the Product to Us.
(g) If the Products were delivered to you:
(i) you must return the Products to Us as soon as reasonably practicable, but always within 14 calendar days of the date of Our return authorisation notification under clause 30.5(d);
(ii) unless the Products are faulty or not as described (in this case, see clause 30.5(f)), you will be responsible for the cost of returning the Products to Us or, where relevant, the cost of Us collecting the Products from you; and
(iii) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
(h) We can accept returns on clothing only if the Product has not been worn and the brand labels are in the same condition as when the item was received by you. We can accept returns on health products, food, and intimate items such as lingerie, only if the Product is in the original unused condition and in its original undamaged packing.
(i) Refunds will be processed after the Products have been received by Us in good condition. Should you have any questions about the status of your return or how to return an item, please contact Us at shop@breakthemold.co.uk.
(j) We do not take title to returned items until the items arrive at the returns address destination. At Our discretion, a refund may be issued without requiring a return. In this situation, We do not take title to the refunded item.
(k) You may cancel a Contract for Products at any time by providing Us with notice in writing because We are affected by an Event Outside Our Control, if the Event Outside Our Control continues for longer than 30 calendar days. Any advance payment you have made for Products that have not been dispatched will be refunded to you.
(l) As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by this clause 30 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
30.6 Services
(a) If you cancel an Order under clause 30.2 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(b) Once We have begun to provide the Services to you, you may cancel the Contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Upon termination you must pay any fees incurred prior to the effective date of the termination and any pending transaction will be cancelled. Any advance payment you have made for Services that have not been provided will be refunded to you. You will also be entitled to a pro-rata refund for any Services not yet used at the time of cancellation.
(c) You may cancel a Contract for the Services at any time by providing Us with notice in writing because We are affected by an Event Outside Our Control, if the Event Outside Our Control continues for longer than 30 calendar days. Upon termination you must pay any fees incurred prior to the effective date of the termination and any pending transaction will be cancelled. Any advance payment you have made for Services that have not been provided will be refunded to you. You will also be entitled to a pro-rata refund for any Services not yet used at the time of cancellation.

31. Obligations on termination

31.1 Unless otherwise stated in these Terms, upon termination, all rights and obligations of the parties under the Contract will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any Orders placed prior to such termination for Products using the Service (including, without limitation, any fees and any other liabilities incurred).

32. Your liability

32.1 You hereby indemnify, on demand on a continuing basis, and hold Us, other members of Our group of companies and third parties connected to Us and Our, its or their employees, officers, directors and agents (“Indemnified Parties”) harmless from and against all liabilities, damages, losses, claims, charges, demands, costs and other expenses (including, without limitation, legal fees and any amounts paid by Us to a third party in settlement of a claim or dispute) (“Costs”) paid, incurred, suffered or made against the Indemnified Parties directly or indirectly arising out of any negligence, willful default, fraud and/or breach by you of any provision of the Contract or other liabilities arising out of your use of Our Site. We will notify you of any such Costs arising in writing and you irrevocably authorise Us to charge your credit or debit card registered with Us on your account with such Costs upon such notification (and therefore demand) being sent to you. You acknowledge and agree that it is reasonable for Us to make such charges to your registered credit or debit card given the Services We are offering on the Site.
32.2 This clause 32 shall survive termination of any Contract.

33. Our liability if you are a business

This clause 33 only applies if you are a business customer.
33.1 We shall have no liability for any loss, claim, liability, damage, cost, charge, demand or expense incurred, suffered or made against you and arising out of or in any way related to this Contract, the Site, the Services, the inability to use the Services or those resulting from any Products or Services purchased or obtained, messages received, Feedback posted on the Site, transactions entered into through the Site, or by reason of any act or omission of Us other than for any liability directly arising from Our negligence.
33.2 Nothing in these Terms limit or exclude Our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Products under the Consumer Protection Act 1987.
33.3 Subject to clause 33.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) business interruption;
(e) loss of anticipated savings;
(f) loss of goodwill;
(g) any indirect, incidental, special, punitive or consequential loss; and/or
(h) lost funds when you have not maintained up to date information on your account, arising out of or in any way related to this Contract, the Site, the Services, the inability to use the Services, in connection with the provision of, or failure to provide, the Products and/or Services, or those resulting from any Products or Services purchased or obtained, messages received, Feedback posted on the Site, or transactions entered into through the Site, whether or not we have be advised of the possibility of such losses.
33.4 Subject to clause 33.2 and clause 33.3, our total liability to you in respect of all other 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:
(a) in relation to Products, 100% of the price paid of the Products; and
(b) in relation to Services, the total price paid for the Services.
33.5 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Site, the Service and/or 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 and/or Services are suitable for your purposes.
33.6 This clause 33 shall survive termination of any Contract.

34. Our liability if you are a consumer

This clause 34 only applies if you are a consumer.
34.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this Contract.
34.2 We shall not be liable to you, whether in contract, tort (including negligence) for:
(a) losses that were not caused by any negligence on Our part;
(b) breach of statutory duty;
(c) any business loss (including loss of profits, sales, business, or revenue; business interruption; loss or corruption of data, information or software; loss of business opportunity, contracts, anticipated savings, data, goodwill; or wasted expenditure);
(d) any indirect, incidental, special, punitive or consequential loss; and/or
(e) lost funds when you have not maintained up to date information on our account. arising out of or in any way related to this Contract, the Site, the Services, the inability to use the Services, in connection with the provision of, or failure to provide, the Products and/or Services, or those resulting from any Products or Services purchased or obtained, messages received, Feedback posted on the Site, or transactions entered into through the Site, whether or not we have be advised of the possibility of such losses.
34.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
34.4 Our total liability to you in respect of all losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid by you for the Products and/or Services as specified in your Order (as may have been amended from time to time in writing between us).
34.5 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Products under the Consumer Protection Act 1987.
34.6 Except as set out in these Terms, all warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from these Terms.
34.7 This clause 34 shall survive termination of any Contract.

35. Events outside our control

35.1 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 an Event Outside Our Control.
35.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) 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. Where the Event Outside Our Control affects Our Services, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
35.3 You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Products and/or Services. Please see your cancellation rights under clause 30. We will only cancel the Contract if the Event Outside Our Control continues for longer than 30 calendar days in accordance with Our cancellation rights in clause 29.

36. Communications between us

36.1 If you are a consumer:
(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 30, you must contact Us in writing by sending an email to shop@breakthemold.co.uk. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date We confirm receipt of your cancellation in writing; or
(b) if you wish to contact Us in writing for any other reason, you can send this to Us by email to support@breakthemold.co.uk.
36.2 If We have to contact you or give you notice in writing, We will do so by email to the email address you provided when you registered your account.
36.3 If you are a business, please note that any notice given by you to Us, or by Us to you, will be deemed received and properly served immediately when posted on the Site during business working hours, next business day after an email is sent, or three business days after the date of posting of any letter. 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
36.4 You will monitor your email messages frequently to ensure awareness of any notices sent by Us, and ensure that such messages are not caught by your junk-email filters.

37. Other important terms

37.1 We may transfer our rights and obligations under a Contract to another organisation, and this will not affect your rights or our obligations under these Terms. We will always notify you by posting on the Site if this happens.
37.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 19 to the recipient of the gift without needing to ask Our consent.
37.3 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of Our warranty at clause 19, but We and you will not need their consent to cancel or make any changes to these Terms.
37.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that part of or any of them are unlawful or unenforceable, the remaining part or paragraphs will remain in full force and effect.
37.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. Our rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
37.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products or Services through the Site and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are resident in Northan Ireland you may bring proceedings in Northern Ireland, and if you are resident in Scotland you may bring proceedings in Scotland.
37.7 If you are a business, these Terms are governed by English law. This means that any 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), will be governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
37.8 We will not file a copy of the Contract between us.