Conditions Of Sale
About James Purdey & Sons Limited and these conditions of sale
James Purdey & Sons Limited has its registered offices at Audley House, 57-58 South Audley Street, London W1K 2ED.
These Conditions of Sale (“Conditions”) cover the terms and conditions on which we supply products to you, whether these are goods, services or digital content via James Purdey & Sons Limited’s online boutique (Online Boutique), other websites and mobile applications (together the “Platforms”). In these Conditions, we use the term James Purdey & Sons Limited (and “we”, “us” and “our”) to refer to the head office of James Purdey & Sons Limited at the registered address above and its affiliates. Any reference to “customer” “you” “your” means you as user of our Online Boutique.
Please read these Conditions carefully before you submit an order to us. These Conditions tell you who we are, how we will provide products to you, how you and we may end the contract, of your purchase and our supply of product, what to do if there is a problem and other important information.
By placing an order on Online Boutique, you signify your assent and agreement to these Conditions. If you do not agree to these Conditions, then you are not authorised to continue your use of the Platform and/or order products from us.
1. Updates to these conditions
We may make changes from time to time to these Conditions so please check back regularly to keep informed of updates. The latest version of these Conditions will always be available on the Platform. Any new version of these Conditions shall take effect and will govern the terms upon which we supply products to you. By continuing to use the Platform, you agree to be bound by these Conditions and any updates and amendments. The modified Conditions will take effect for orders placed on or after the date the Conditions are posted on this Platform.
PLEASE NOTE that at present the Online Boutique is only available in English and these Conditions are also only in English. If you do not understand the Conditions as written in English, you should not use the Platform/Online Boutique.
We recommend you keep a copy of these Conditions in relation to the transactions you enter into via our Online Boutique by printing them or saving them on your computer.
2. Placing your orders
2.1 To place an order, you must be over 18 and lawfully capable of entering into and forming a valid contract in accordance with applicable law.
2.2 Products bought through our Online Boutique may not be bought for re-sale. We reserve the right to refuse orders placed by customers who breach this condition. If we have good reason to think that a customer has breached this condition, their account may be automatically terminated.
2.3 To make purchases through our Online Boutique you will be asked for information so that we may process your order. Interactive forms contain mandatory fields (indicated with an asterisk) and non-mandatory fields. If you don’t complete the mandatory fields, we may not be able to respond to your request. You represent and warrant that the information you provide is correct.
2.4 All orders are subject to availability.
2.5 You agree that the data you provide will not contain any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; nor will such data cause our Online Boutique to be interrupted, damaged, rendered less efficient or in any other way compromised such that the effectiveness or functionality of the Platform is in any way impaired.
2.6 Once You have chosen a product, click on the image to go to the product page where information on the item, such as prices, sizes and colour options will be shown.
2.7 If you are happy with your choice, click the “ADD TO BAG” button.
2.8 You can monitor the products you have chosen by clicking the shopping bag at any time. You can remove an article by clicking REMOVE next to the item. You can add or reduce the number of items selected by changing the number in the box marked Qty.
2.9 When you are ready and have reviewed Your order, “GO TO CHECKOUT” and follow the instructions. You will need to enter your payment details. When you have completed this process, click CONFIRM. To read our international conditions of sale, click here.
2.10 All prices shown are in your local currency. You will be offered the chance to change to different currency with the region selector at the bottom of the page, please select a country from the drop down box.
2.11 Delivery costs are not included and will be shown on the order form once you have completed your selection. Your final order total includes all duties and taxes. For full terms of purchase on international orders please click here.
2.12 You should carefully check all details before confirming your order.
2.13 Once you have confirmed your order, we will give you an Order Reference Number, which will appear in your order confirmation. Please save this number for reference.
2.14 On placing an order through our Online Shop, You are making an offer to PURDEY to purchase the products selected in accordance with these Terms of Purchase. (Please note that PURDEY may not always be able to accept your offer; please see Details of Acceptance, below).
2.15 By making an offer to purchase merchandise, you expressly authorise PURDEY and/or its online business partners to perform the appropriate credit checks and, should it appear necessary, obtain additional information required to process your order efficiently. Information received or sent to our business parties may include, but is not limited to your name, address and credit card details. This may be necessary to authenticate your identity, to validate your payment card, to obtain an initial credit card authorisation, to authorise individual purchase transactions and to deliver your order. (Please see Sections 5 and 6 and the Privacy Notice.)
3. Access and use of our online boutique
3.1 Our Online Shop is only available to online customers who meet our terms of eligibility, in particular, individuals who are over 18, have been issued with a valid payment card and who have agreed and authorised PURDEY to process a charge or charges on their payment card in the amount of the total purchase price for the products they choose to purchase (see further details on Payment).
3.2 For full Terms and Conditions of Use of the Website, please click here.
4.1 Once your order has been submitted through Online Boutique, we will send you a confirmation email. We will send you a second email to let you know when your order has been despatched.
4.2 Unless you cancel your order in accordance with Your rights to end the contract (clause 9), acceptance of your order and completion of the contract between you and us will take place when we dispatch your order. The sale contract is therefore concluded at that time in London, England and the language of the contract is English.
4.3 If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to obtain authorisation for payment from your credit card company, because we have identified an error in the price or description of the product, because you do not meet the terms of eligibility as set out above; or that our courier partner is unable to deliver to your stated delivery address.
4.4 We retain the express right not to process a transaction before dispatching your order to you at any time at our sole discretion for whatever reason. In this event, we will not be liable to you or any third party by reason of our withdrawing any products from the Online Boutique, whether or not such products have been sold.
5. Our products
5.1 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
5.2 The images of the products on the Online Boutique are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.3 Please Note; products featured in Sale or End of Season Line categories may contain some colour/size options which remain at full price. The actual price for any item will only show when both colour and size options have been selected.
We reserve the right to update and change the terms and conditions of the Purdey gift cards at any time (the “Terms”). This does not affect your legal rights. Use of the Purdey gift card constitutes acceptance of the Terms and we recommend that you read them carefully. Purdey gift cards remain the property of James Purdey & Sons Limited and we maintain the right to cancel the Purdey gift card in situations where it is deemed necessary to do so.
Purdey gift cards can be exchanged for any available products on www.purdey.com (the “Website”) or over the telephone. When redeeming the Purdey gift card via the Website or over the telephone, you will be required to give the serial number found in your activation email. You can top up the Purdey gift card with a minimum of fifty pounds (£50.00) and a maximum of two thousand pounds (£2,000.00). Purdey can only accept payments in Pound Sterling.
A Purdey gift card cannot be exchanged for cash or refunded. Products bought with a Purdey gift card cannot be refunded, only exchanged for another product or issued with store credit.
Crediting a Purdey Gift Card
If the products purchased online total less than the value of the Purdey gift card, any balance will be left as a credit for you on the Purdey gift card. The balance available on your card can be viewed in the checkout.
A Purdey gift card is valid for a period of one (1) year from the date of activation, after which any remaining balance will be removed and the card will become invalid and no longer available for use.
Lost/ Stolen/ Damaged Purdey Gift Cards
We cannot replace lost or stolen or damaged Purdey gift cards or reimburse the remaining balance left on the Purdey gift card used without your permission. If you have any issues with using the Purdey gift card, please contact Customer Services or call +44207 499 1801.
Governing Law and jurisdiction
The Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute, controversy or claim arising out of or in connection with the Terms shall be submitted to the non-exclusive jurisdiction of the English Courts. Where the laws of England and Wales are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
6. Your right to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible, any changes to the price of the product, the timing of supply and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.1 We accept the following payment methods: PayPal, American Express, MasterCard and Visa. Other local payment options may be available depending on purchasing location. Payment will be debited from your account upon dispatch of the order. Debit of the payment does not mean acceptance of the offer and conclusion of the contract, therefore your payment will be refunded if the goods are not dispatched to you and the sale contract is not concluded. You are responsible for confirming that you are the legitimate holder of the credit/debit card and that your details are correct. All cardholders are subject to validation checks and authorisation by the card issuer.
7.2 If the issuer of your payment method refuses to authorise payment to us, we will not be able to process your order and a message will appear to say that the transaction cannot be processed.
7.3 We, together with our business partners, take all reasonable care to make our Online Shop as secure as we can. All payment card transactions made through our Online Shop are processed through Sagepay using a secure online payment gateway (see below) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on our server.
7.4 If the issuer of your payment card refuses to authorise payment to us, we will not be able to process your order and a message will appear to say that the transaction cannot be processed. Please defer to the issuer of your payment card if the problem persists.
7.5 We, together with our business partners, take all reasonable care to make our Online Boutique as secure as we can. All payment card transactions made through our Online Boutique are processed through Sagepay using a secure online payment gateway (see below) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on our server.
7.6 To help ensure that your shopping experience is safe, simple and secure, we use Secure Socket Layer (SSL) technology. This encrypts and protects the data you send over the internet. When SSL is enabled, you will see a padlock at the bottom of your browser. You can click on this to find out information about the SSL digital certificate registration. 3D Secure functionality is also provided by Global Iris under the Verified by Visa and Mastercard SecureCode schemes.
7.7 We, and our e-commerce partners will take all reasonable care to make sure that details of your order and payment are held securely. However, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from our Online Boutique, unless such loss is caused by our gross negligence or willful act.
8. Deliveries and insurance
8.1 Orders will be dispatched and delivered using the DHL Logistics delivery service.
8.2 Orders from Online Boutique will be dispatched and delivered to the delivery address as shown in your Order Confirmation.
8.3 Orders for UK and Europe will usually be delivered within 2-5 working days. Remote areas such as Islands and Highlands may take longer. Orders for destinations outside Europe will usually be delivered within 3-7 working days. Deliveries to remote destinations may take longer.
8.4 The delivery times shown above are based on our courier partner’s expected transit times from the date of dispatch but cannot be guaranteed. We are not responsible for any delays caused by destination customs clearance processes.
8.5 You will need to ensure that someone is present at the given delivery address to sign for the order when it is delivered. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, at which point, responsibility for your purchased goods passes to you.
8.6 If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay in delivery. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.7 We insure each purchase during the time it is in transit until it is delivered to you at your specified delivery address. You will be asked to sign for the order delivered. The product will be your responsibility from the time we deliver the product to the address you gave us.
8.8 Once we have received payment in full for the product, you become the legal owner of the product.
8.9 We will store a record of your transactions for at least one year. Please note that for your security, we only retain records of your transactions on our website; your payment details are neither held on our website nor on our Online Boutique.
9. Your rights to end the contract
9.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.7.
9.2 If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 We have told you about an upcoming change to the product or these terms which you do not agree to;
9.2.2 We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
9.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.4 We have suspended supply of the products for technical or any other legitimate reasons, or notify you we are going to suspend them for technical reasons or any other legitimate, in each case for a period of more than 30 days; or
9.2.5 You have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
9.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions.
9.4 Our goodwill guarantee. Please note, these conditions reflect the goodwill guarantee offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 12.2):
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
Customer to pay costs of return.
How our goodwill guarantee
14 day period to change your mind.
We pay the costs of return.
9.5 You do not have a right to change your mind in respect of:
9.5.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.5.2 products which are made to your specifications or are clearly personalised;
9.5.3 any products which become mixed inseparably with other items after their delivery;
9.5.4 digital products after you have started to download or stream these;
9.5.5 services, once these have been completed, even if the cancellation period is still running; and
9.5.6 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
9.6 For those products that are not itemised above in clause 9.5, you have 14 days after the day you receive the goods to change your mind.
9.7 Even if we are not at fault and you do not have a right to change your mind (see clause 9.5), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call customer services on +44 (0) 20 7408 7201 (Monday to Friday from 09.30 to 17.30 UK time) or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
You can leave a message out of office hours, and we will contact you the next working day.
10.1.2 By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at James Purdey & Sons Ltd, Digital Retail Department, Audley House, 57-58 South Audley Street, London W1K 2ED. Or simply write to us at that address, including the information required in the form, for example, the order reference number (which is found on your packing note or order confirmation email).
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at James Purdey & Sons Ltd, Digital Retail Department, Audley House, 57-58 South Audley Street, London W1K 2ED or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0) 20 7499 1801 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 We accept goods to be returned in person to our Audley House store for refund or exchange. Proof of purchase in the form of the original despatch note will be required as well as photographic identification. Instore refunds can only be processed on the original payment card.
10.4 We will pay the costs of return:
10.4.1 if the products are faulty or mis-described; or
10.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.5 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see clause 8 Deliveries and Insurance.
10.6 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.7 If you are exercising your right to change your mind:
10.7.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.7.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.8 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.8.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 12.3.
10.8.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract for a product at any time by writing to you if:
11.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, information received or sent to our business parties may include, but is not limited to your name, address and credit card details;
11.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
11.1.3the products are made to measure or bespoke items; or
11.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as practicable in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
12. If there is a problem with the product
12.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 20 7499 1801 or write to us by email at firstname.lastname@example.org or by post to James Purdey & Sons Ltd, Digital Retail Department, Audley House, 57-58 South Audley Street, London W1K 2ED. Alternatively, please speak to one of our staff in-store at Audley House, 57-58 South Audley Street, London W1K 2ED.
12.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product applicable to customers pursuant to English law. Nothing in these Conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example guns, clothing, gifts or accessories, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
-up to 30 days: if your item is faulty, then you can get a refund.
-up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
-up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is digital content, for example a mobile phone app or a subscription to a service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
-if your digital content is faulty, you’re entitled to a repair or a replacement.
-if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
-if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example to service a gun, the Consumer Rights Act 2015 says:
-you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
12.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 20 7499 1801 (Monday to Friday from 09.30 to 17.30 UK time) or email us at email@example.com for a return label or to arrange collection.
13. Returns policy
13.1 Other than where products are defective, products must be returned to us in their original packaging in a “new and unused state,” with all original labelling attached and a copy of the invoice within 28 days of order confirmation.
13.2 PLEASE NOTE: “new and unused state” means that there are no marks on the products or any wear on the tags. For example, we will only accept the return of shoes or boots which have been tried on a carpeted surface before wear and the soles are unmarked. We do not sell used products and will not accept any item with any sign that it was used. All returned products will be subject to a Quality Control check on return receipt. If the returned goods do not meet Quality Control standards then they will be returned to you at your cost.
13.3 It is your responsibility to make sure that any goods being returned are fully insured whilst in transit to us.
13.4 Subject to Section 13.3 above, refunds for all undamaged goods returned with labels and packaging intact which meet our Quality Control procedure will be credited to the original purchaser’s payment and, where applicable, VAT.
13.5 Refunds to you will be made within 14 days of the date of cancellation notice, provided that the goods have been received.
13.6 We will not issue credit notes for use through the Online Boutique or instore.
13.7 Please note: Any items stamped, engraved or otherwise personalised cannot be returned unless faulty.
14.1 If the product ordered from our e-Boutique is a gift and the recipient wishes, for example, to exchange the product for a different one, they may return the gift at any time during the thirty working days beginning from the day following delivery of goods. Their right to return the goods is subject to clauses 9, 12, and 13 above.
14.2 The person having received the gift may exchange the goods for other goods of the same value or more provided that they pay the price difference together with any additional shipping costs.
14.3 We will not issue credit notes for gifts for use through our Online Boutique or instore.
14.4 If the gift is not of satisfactory quality, not fit for purpose or not as described then it may be returned for a refund provided a full explanation is given. The refund is made to the donor of the gift and not the recipient.
15. Promotions and exclusive events
Promotion codes are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotions and exclusive events are subject to specific conditions and cannot be combined with any other promotion codes or offers. Please read those conditions carefully. Due to high demand and limited inventory, items are subject to availability. Items on offer in our exclusive events are genuine end of line reductions, some may have marked or cut labels but are otherwise in perfect condition.
16. Privacy & cookies
17. Intellectual property
18. Our responsibility for loss or damage suffered by you
18.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill [ but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
18.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
18.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5 Nothing in these Conditions limits our liability for death or personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
18.6 Nothing in these Conditions will restrict your statutory rights as a consumer (more details about which can be obtained from a Trading Standards Office or Citizen’s Advice Bureau).
19. Which laws apply to this contract and where you can bring legal proceedings
These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish Courts or the English Courts.
20. Where you can settle a dispute out of court
If you have a problem with the products and you cannot resolve it with us, and if you do not want to bring legal proceedings, you can seek to resolve the dispute through online dispute resolution. For further details, please click here.
21. We may transfer this agreement to someone else
We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing. However, you may transfer our guarantee at clause 9.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
23. Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 21 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Conditions.
24. If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs in these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.